NARAYAN PARWAL Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) BY virtue of the present civil revision petition, the petitioner has challenged the order dated 16.7.2015 passed by the court of Ms. Jasjeet Kaur, the learned Civil Judge, New Delhi in suit No. 223/2013 in case titled Narayan Parwal v. Union of India and others.

(2.) THE aforesaid order was passed by the learned Civil Judge rejecting the two applications filed by the petitioner. The first application was filed under Order 23 Rule 3A read with Section 151 CPC seeking recall of the compromise order dated 25.10.2013 on the ground that the fraud was played upon the petitioner/plaintiff by respondent/defendant Nos. 2 and 3 in connivance with one person, namely, Ashok Kumar Khattar. Similarly, the learned counsel for the petitioner has also contended that another application under Order 39 Rule 1 and 2 CPC for seeking an ad interim relief of restraining Union of India from converting the leasehold rights into freehold in favour of respondent Nos. 2 and 3 was also rejected.

(3.) AFTER withdrawal of the suit on 25.10.2013, the petitioner has filed the present application under Order 23 Rule 3A CPC claiming that a fraud has been played on him by Ashok Kumar Khattar in connivance with respondent Nos. 2 and 3 inasmuch as he has not been paid in cash and the cheque which was issued to him by Ashok Kumar Khattar, was dishonoured. It has been stated that a cheque of Rs. 1 crores was issued in his favour by Ashok Kumar Khattar drawn on State Bank of India which was dishonoured as the payment was stopped by the banker of Ashok Kumar Khattar. On the basis of these facts, the petitioner has claimed that the decree deserves to be set aside and the matter deserves to be tried.