D. MURUGAN Vs. RAJENDRAN

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decretal order dated 12.01.2015 made in I.A.No.unnumbered of 2013 in O.S.No.149 of 2014 on the file of the Principal District Court, Cuddalore.

(2.) The petitioner is first defendant and respondents are plaintiffs in O.S.No.149 of 2014 on the file of the Principal District Court, Cuddalore. Originally, the suit was filed before the II Additional District Court, Tindivanam and numbered as O.S.No.13 of 2010. Subsequently, it was transferred to the Principal District Court, Villupuram and renumbered as O.S.No.15 of 2010. Then the suit was transferred to I Additional District Court, Tindivanam and renumbered as O.S.No.1 of 2012, subsequently, it was transferred to III Additional District Court, Kallakurichi and renumbered as O.S.No.1 of 2014. Thereafter, the suit was transferred to the Principal District Court, Cuddalore and renumbered as O.S.No.149 of 2014.

(3.) The respondents filed the said suit for recovery of money. When the suit was pending, the petitioner and respondents entered into a compromise memo and filed the compromise memo dated 29.04.2013 on 29.04.2013. The petitioner as first defendant for himself and as a son and power agent of his father/second defendant signed the compromise memo. The first respondent signed the compromise memo for himself and on behalf of the second respondent, who is his wife. The learned counsel for the petitioner as well as the respondents also signed the memo of compromise. The learned I Additional District Judge, Tindivanam, recorded the memo of compromise on the same day i.e., on 29.04.2013. The petitioner filed an application on 30.10.2013 to set aside the compromise memo recorded on 29.04.2013.