RAJIV GUPTA Vs. L. R. GUPTA, HUF

JUDGEMENT

(1.) The present application arises out of a suit for partition, rendition of accounts and injunction involving the family of Mr. L. R. Gupta, a Senior Advocate of this Court. Mr. L.R. Gupta has three children- two sons and a daughter, namely Mr. Rajiv Gupta, Mr. Sanjay Gupta and Ms. Sumangli Gupta @ Sumangli Jain. The present suit was filed by Mr. Rajiv Gupta against Shri L. R. Gupta HUF -Defendant No. 1 and his father and siblings Defendant Nos. 2 - 4. On the first date i.e. on 18th November, 2003, summons were issued to all the Defendants in the ordinary manner as well as registered AD post, returnable on 2nd December, 2003. The summons were also issued dasti to Defendant Nos.1 & 2. However, the summons were accepted by their counsels. Thereafter various efforts were made for amicable resolution of the matter.

(2.) Vide order dated 9th January, 2006, a settlement was recorded, and the suit came to be decreed on an application filed under Order XXIII Rule 3 CPC. Almost one month after the decree was passed, the present application under Order XXIII Rule 3 CPC and Order IX Rule 13 CPC came to be filed by Ms. Sumangli Gupta ? Defendant No.4, daughter of Shri L. R. Gupta seeking setting aside of the decree. The application was preferred on the ground that she had acquired knowledge from family sources of the present suit having been compromised. It is further averred that she had no knowledge of the suit and was also not aware that she had been impleaded as a party. When she tried to make enquiries with her father, her father's reply was evasive and she was told not to interfere in his affairs. She then found out from the Plaintiff that the suit for partition had been filed and thereafter compromised.

(3.) It is claimed that thereafter she retained a counsel to inspect the court records, who informed her that a decree had also been passed in terms of the compromise application.