S HARDIT SINGH OBRA Vs. S DALJIT SINGH

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 Jagit Singh, J. could be said to relate to the suit" within the meaning of Order XXIII rule 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 :-

(3.) On December 5, 1968 the parties filed a compromise petition before Jagjit' Singh J. praying that the terms of the compromise there of be recorded by the Court. Thereupon, the learned Judge pissed the following order: