LAWS(DLH)-1974-7-6

HARDIT SINGH OBRA Vs. DAIJIT SINGH

Decided On July 26, 1974
HARDIT SINGH OBRA Appellant
V/S
DALJIT SINGH Respondents

JUDGEMENT

(1.) The question for decision in this as also in the connected F.A.O. (O.S.) 43 of 1972 is whether certain terms of the compromise dated December 5, 1968 between the parties in Suit No. 283 of 1967 recorded by Jagjit Singh, J. could be said to "relate to the suit" within the meaning of Order XIII role 3 Civil Procedure Code so as to be embodied in a decree and whether the said part of the decree was executable.

(2.) The appellant had sued the respondent in Suit No. 283 of 1967 in this court for three reliefs namely :- (1) dissolution of the partnership between the parties; (2) rendition of accounts to the appellant by the respondent; and (3) an injunction that the respondent be restrained from using certain premises of which the appellant was a lessee but which were used by the partnership of which the parties were partners.

(3.) On December 6, 1968 the parties filed a compromise petition before Jagjit Singh, J. praying that the terms of the compromise thereof be recorded by the Court. Thereupon, the learned Judge passed the following order :