DINESH SHARMA Vs. PT RAMPRASAD PUJARI DHARMIK

JUDGEMENT

(1.) THIS application under Order 47 (1) Rule 1 CPC is filed for review of order dated 15.11.2006 passed by this Court in First Appeal No. 565/ 2005.

(2.) RESPONDENTS No. 1 to 7 filed First Appeal No. 565/2005 being aggrieved by judgment and decree dated 9.9.2005 passed by the District Judge, Morena in Civil Suit No. 5A/2001, when the matter came up for hearing on 5.11.2006 at the stage of admission of the first appeal, both the parties i.e. plaintiffs and respondents in suit in question filed IA No. 18559/2006 and submitted that as the matter is compromised between the parties appeal is now rendered infructuous in view of the compromise. Accordingly appeal was dismissed as having been rendered infructuous, in view of the compromise entered into between the parties. Inter alia contending that compromise was done in an illegal manner it adversely effect the right of the trust in question and public at large, seeking review of the order passed in FA No. 565/2005 this application is filed.

(3.) SHRI Vijay Sundram, learned counsel for petitioner refutes the aforesaid and submits that as the compromise is entered on incorrect fact petitioners have a right to file review. Placing reliance on following two judgments he prays for recall of the order. Judgments relied by Shri Vijay Sundram, Advocate are Sml. Suraj Kumari v. District Judge, Mirzapur and others [AIR 1991 Allahabad 75] and Ramkaran v. Shrikishan and others [AIR 1976 Rajasthan 130].