RAJEEV AGARWAL Vs. RAMESH PAL SINGH

JUDGEMENT

(1.) The aforesaid two civil revisions have been filed under Section 115, C.P.C. against the order dated 24.9.2002 passed by the Judge, Small Causes, Sitapur in Civil Suit No. 94 of 1999, Ramesh Pal Singh and Ors. v. Rajeev Agarwal and Ors., on the application 81C-2 moved by the defendants.

(2.) Civil Suit No. 94 of 1999 was filed by the revisionists of Civil Revision No. 7 of 2003 with the allegations that in order to run the business of Transportation/ Forwarding they took a loan of Rs. 3,25,000 from the defendants on 14.1.1997 and purchased 'Isher Canter (UP- 34A/8750)'. According to the loan agreement, the plaintiff has to pay off the loan in 36 instalments at the rate of Rs. 13,360. It is alleged in the plaint that the plaintiff deposited monthly instalments regularly and paid Rs. 2,75,720 and obtained the receipt duly executed by the defendants. When in the month of January, 1999, the defendants refused to accept the instalment and to issue receipt and threatened the plaintiff-revisionists that they will take away the Isher Canter, then necessity of filing the suit arose and the plaintiffs filed the suit for permanent prohibitory injunction and accounting on 19.2.1999. The plaintiffs also moved an application for temporary injunction under Order XXXIX Rules 1 and 2, C.P.C. restraining the defendants from forcibly taking away the vehicle from the possession of the plaintiffs or their Agents. The trial court did not grant ex parte injunction and issued notice. The plaintiffs filed a Civil Revision No. 25 of 1999 in this Court. The defendants did not contest the revision and it was decided on 17.8.1999 directing that the plaintiffs will not be dis-possessed from the vehicle till the trial court disposes of the application No. 6C for an ad-interim injunction pending before the trial court on merits. When the trial court fixed the date for disposal of the application 6C for interim injunction, the defendants instead of filing an objection entered into the compromise with the plaintiffs and filed a compromise application paper Nos. 54C-2 on 14.12.1999. It was agreed between the parties that the plaintiffs will pay Rs. 1,30,000 to the defendants within ten days and the cheque of Rs. 65,000 which was payable to the plaintiffs by the Insurance Company in respect of the claim. The defendants agreed that they will take necessary steps and will move application to the Transport Department for getting the entry of hire purchase expunged and registration of the name of the plaintiff No. 1. The Photostat copy of the compromise application dated 14.12.1999 is Annexure-6 on the record of Civil Revision No. 7 of 2003. The trial court took the compromise on record and fixed 21.12.1999 for disposal of the application for compromise 54C and injunction application 6C. The trial court passed the order on this compromise application and application for injunction 6C on 14.12.1999, the copy of which is Annexure-7 on the file of Civil Revision No. 7 of 2003. The operative portion of this order is as follows : ..(VERNACULAR MATTER OMMITED)..

(3.) The plaintiffs paid the amount of Rs. 1,80,000 to the defendants out of Rs. 1,95,000 in pursuance of the agreement dated 14.12.1999 but the defendant did not take steps for getting the entry of Hire Purchase expunged from the record of Transport Department.