NOOR AHMAD Vs. IFTIKHAR UDDIN

JUDGEMENT

(1.) Sri Neeraj Agarwal, learned counsel for the defendants-appellants is present. However, Sri M.A. Zaidi, learned counsel for the plaintiff-respondent is not present. It appears that Civil Misc. Application No. 1575 of 1990 (dated 21.3.1990) was filed under Order XXIII, Rule 3 of the Code of Civil Procedure, jointly on behalf of the defendants-appellants and the plaintiff-respondent.

(2.) The said application was signed by the then learned counsel for the defendants-appellants as well as the then learned counsel for the plaintiff-respondent. It was, inter-alia, prayed in the said application that the Second Appeal be decided in terms of compromise and the parties be directed to bear their own costs.

(3.) The said application was accompanied by an affidavit, sworn jointly by Noor Ahmad (defendant-appellant no.1) and Iftikhar Uddin (plaintiff-respondent) on 19th March 1990. Photostat copy of the compromise was filed as Annexure 1 to the said affidavit. By the order dated 14.12.1999, this Court directed that the compromise be sent to the Court below for its verification.