DORIS Vs. DENIAL & ORS

JUDGEMENT

(1.) This is a completely frivolous appeal by a dishonest plaintiff in the suit, who entered into a settlement agreement running into eight pages before the Mediation Centre in the trial court, with each page being signed by all the parties including the present appellant/plaintiff, and the trial court thus held that the settlement agreement is valid, and it consequently disposed of the suit in terms of the settlement agreement by the impugned order dated 18.09.2018.

(2.) Order XXIII Rule 3 Civil P.C. requires that a suit can be disposed of as per the settlement if the settlement agreement is in writing and signed by the parties. In the present case, there is a settlement agreement in writing signed by all the parties to the suit, and who are seven in number. The Settlement Agreement is not only signed by the seven parties, but the Settlement Agreement is also signed by the counsel for the appellant/plaintiff before the Mediation Centre.

(3.) The trial court has held that convenient allegations made by the appellant/plaintiff that there is fraud and misrepresentation, have to be rejected, inasmuch as, there are no particulars which are given of any fraud or misrepresentation. The trial court, by the impugned order, thus rejected the application of the appellant/plaintiff to treat the settlement as null and void, and allowed the application of the respondent no. 6/defendant no. 6 to pass a decree in terms of the Settlement Agreement.