GAURI SHANKAR SINGHAL Vs. RAJPAL SINGH AND OTHERS

JUDGEMENT

(1.) Mr. Gauri Shankar Singhal, petitioner, is present in person. He has desired to argue this case in person. Permitted.

(2.) Present petition is preferred assailing the judgment and order dated 28.05.2015 passed by the 1st Additional District Judge, Rishikesh in Civil Revision No. 19 of 2015, whereby matter was remanded to the Trial Court to decide the question of genuineness and legality of the alleged compromise between the parties in the light of principles of Order 23 Rule 3 of the C.P.C. afresh.

(3.) Brief facts of the present case, inter alia, are that plaintiff-respondent no. 1, herein, has filed Suit No. 583 of 1998 initially in the Court of Civil Judge (S.D.), Dehradun against the defendant for declaration and permanent prohibitory injunction to declare that the defendants are not the owner of the property in question and defendants may be restrained in making any interference in the possession of the plaintiff over the property in question. During the pendency of the suit, plaintiff has moved one application, paper no. 207-C before the Trial Court on 28.03.2014 stating therein that matter has been settled between the plaintiff and the defendant no. 1, which has been duly signed by the power of attorney holder of the defendant no. 1, therefore, degree may be passed in terms of the compromise; having acquired knowledge about the application for decreeing the suit in terms of the compromise, petitioner/defendant no. 1 has filed his reply to the application to the effect that alleged compromise was never arrived at between the parties and power of attorney holder of the defendant no. 1 had absolutely no power or authority to settle the matter without there being any instructions from the defendant no. 1, therefore, alleged compromise may be rejected; learned Trial Court, in view of the objections being raised by the defendant no. 1, was pleased to reject the application-paper no. 207-C vide order dated 20.1.2015; Order dated 20.1.2015 was assailed in Civil Revision No. 19 of 015; revision, so filed by the plaintiff, was allowed vide impugned order dated 28.05.2015. Feeling aggrieved, petitioner has preferred present writ petition under Article 227 of the Constitution of India.