SURENDRA KALIA Vs. SANT SHRI ASHARAMJI MANAV UTTAHAN

JUDGEMENT

(1.) This Civil Misc. Petition involves a challenge to the order dated 16.12.2013 passed in C.S. No.604/2013 by the Civil Judge (Sr.Divn.), Puri thereby refusing to accept a compromise between the parties under Order 23 Rule 3 of C.P.C. to conclude the suit in the terms and conditions stated therein.

(2.) Short background involved in the case is that the petitioner as plaintiff making opposite party as defendant filed a suit for declaration as follows :-

(3.) Assailing the impugned order, Sri S.K.Dash, learned counsel for the petitioner not only applied a wrong ratio of the Hon'ble Supreme Court to the case at hand but failed in appreciating the purpose behind Section 26 of the Specific Relief Act. Similarly, there is also failure of appreciation of the provisions contained in Section 23 of the Indian Contract Act. It is also contended that following the principle contained in Section 26 of the Specific Relief Act permitting initiation of suit for rectification of the instrument in the event of mutual mistake of the parties. It is thus submitted by Sri Dash that the impugned order is an outcome of failure of appreciating the provisions of law indicated herein above, wrong consideration of the decision of the Hon'ble apex Court taken note in the impugned order and also the settled position of law as passed by various courts. Under the premises, Sri Dash, learned counsel for the petitioner prayed this Court for interfering with the impugned order and setting aside the same and further granting appropriate relief to the petitioner.