JAGDISH PRASAD GUPTA Vs. C L JAIN

JUDGEMENT

(1.) The appellant has filed the present appeal against the order dated 23.5.1995, by which the learned Single Judge dismissed the application I.A. 1784/91 filed by the appellant for setting aside the comrpomise decree passed vide orders dated 20.5.1988.

(2.) The main plank of the appellant's argurnent is that the compromise decree was based on a partnership which stood frustrated and any compromise based on a frustrated contract of partnership, was a nullity and could not be enforced.

(3.) For a proper appreciation of the contentions raised in appeal, the facts culminating in the present appeal may be briefly noted :-