NIHAL SINGH Vs. NAI SABHA REGISTERED

JUDGEMENT

(1.) After hearing the counsel for the parties, I am of the view that there is no merit in this revision. There was an appeal from the interim order before the lower Appellate Court and in that appeal, the parties compromised by a written document which was duly signed by the parties and their counsel, under which it was agreed how the suit was to be disposed of. On the basis of that compromise, the suit was disposed of.

(2.) According to the counsel for the petitioner, the lower Appellate Court had no jurisdiction to decide the suit which was still pending before the triol Court. In view of Section 107 of the Code of Civil Procedure, I am of the view that the Appellate Court could dispose of the suit on the basis of compromise between the parties.

(3.) Even if it is assumed that the lower Appellate Court had no power to decide the suit, I do not think it to be a fit case to be interfered with on revisional jurisdiction, because one of the conditions laid down for that matter is that there must be manifest injustice. What the lower Appellate Court has done is to proceed on the basis of written compromise between the parties and there is no question of any manifest injustice to the petitioner. I, therefore, decline to interfere in the revisional jurisdiction of this Court.