SUSHIL KUMAR Vs. PRAN NATH MEHTA

JUDGEMENT

(1.) Defendants have filed I.A. No. 8638/96 alleging that Suit No. 1124/87 was decided in terms of compromise between the parties but the decree sheet has not been prepared till date as the plaintiff has failed to deposit the requisite Court fee and stamp papers. It is prayed that necessary direction be issued to the plaintiff to deposit the requisite Court fee and file the stamp papers. Registry is also sought to be directed to prepare the decree/sheet.

(2.) Plaintiff has contested the application by filing reply. It is not denied that the suit was disposed of in terms of the settlement arrived at between the parties. However, it is alleged that the plaintiff's suit for partition of property No. B-36, Nizamuddin East, was not decreed and the matter was compromised on payment of Rs. 4 lakhs to the plaintiff by the defendants. It is denied that any Court fee/ Stamp duty is payable by the plaintiff.

(3.) I have heard the learned Counsel for both the parties.