IQBAL AHMED Vs. CRESCENT SCHOOL

JUDGEMENT

(1.) This application has been made under Section 151 CPC for recalling order dated 5th December, 2006 passed by this Court. On 5th December, 2006 the counsel for the petitioner Ms. Pragnya and counsel for the respondent Mr. M.Salim were present in the Court. The petitioner was also present. The parties reported to the Court that they have settled the matter and this Court passed following order: "Since, the petitioner has received the amount of Rs.50,000/- by way of compromise, this writ petition stands disposed of. No further dues as against this Award shall remain to be paid by the respondent." The petition was also fixed on 28th November, 2006 and on that day adjournment was sought by the counsel for the petitioner so as to arrive at a settlement.

(2.) By the present application, the petitioner wants that order dated 5.12.2006 be recalled on the ground that no settlement was arrived at between the parties. The petitioner was present in the Court but he had not understood as to what was going on in the Court room. When the case was over, his counsel told him to take a cheque of Rs.50,000/- as his full and final settlement. The petitioner was shocked to learn this since he had not entered into a compromise/settlement. It is stated that the statement of the counsel for petitioner on 5th December, 2006 was incorrect. Petitioner intended to continue with the writ petition, the order should be recalled and set aside.

(3.) Since the present application was made through some other counsel, this Court called the previous counsel of petitioner, who stated that on the day petitioner had agreed for settlement and received a cheque. It is only later on that he resiled from the compromise.