MATHURA PRASAD PHOOL CHAND Vs. PARMANAND THAKUR DAS

JUDGEMENT

(1.) This is an appeal under Order 43, Rule 1 (m) of the Code of Civil Procedure from an order recording a compromise which is challenged as fraudulent, unauthorized and illegal.

(2.) The material facts arc that on 20-9-1955, the appellant instituted a suit in the Court of the District Judge for sale of mortgage property for the recovery of Rs. 22,871-11-0 and consequential reliefs. The defendants Parma, Tulsiram, Ballabh Das and Smt. Narayani were the mortgagors while Badrilal defendant No. 5 was the subsequent mortgagee. On 28-12-1955, the first four defendants filed their written statement and on 30-12-1955, Badri Lal filed his written statement. 27-1-1956 was then fixed for the framing of issues.

(3.) However, on 4-1-1956 a compromise petition was made wherein it was stated that the plaintiffs and the defendants Nos. 1, 2, 3 and 4 had arrived at a private settlement, that the plaintiffs had received from the defendants the amount of the claim and it was prayed that the suit be dismissed in full satisfaction. This was signed my Raghunath Das Goel, Mnkhtar Am of the plaintiffs by the first four defendants and by the counsel for those defendants. The additional District Judge recorded the compromise and by a separate judgment dismissed the suit on its basis that very day.