RAJESH KUMAR Vs. GOPAL KRISHAN KAPOOR AND ORS.

JUDGEMENT

(1.) THIS is an appeal against the order of the learned Single Judge dated 29th April, 2009, passed in Suit No. 691/2007, whereby he has dismissed the application of the appellant/defendant No. 2 under Order XXXIX Rule 1 and 2 of CPC.

(2.) THE facts giving rise to the filing of the appeal are briefly as follows:

(3.) A civil suit, being CS (OS) No. 353/06, was filed by respondent No. 5 against the sellers as well as the appellant, claiming assignment of rights in his favour by virtue of Memorandum of Understanding dated 20th April, 2005 executed by the appellant in his favour. After issue of summons to the defendants in that suit, the matter was compromised between the sellers and respondent No. 5 who filed the compromise, in the court, vide I.A. No. 3182/2006. The suit was decreed, in terms of the compromise, on March 20, 1006. After receipt of court summons, the appellant filed an application on May 18, 2006 for setting aside the compromise decree dated 20th March, 2006. Later, the sellers also filed a civil suit, being CS (OS) No. 91/2007 seeking a decree for declaring the compromise decree dated 20th March, 2006 as void. The application filed by the appellant for setting aside the compromise decree dated 20th March, 2006 was disposed of vide order dated February 5, 2008 holding that since the applicant was also a party in CS (OS) No. 691/2007, the application did not survive for any order.