JIVITARI ALIAS SAVITRI Vs. SAROJ AND ORS.

JUDGEMENT

(1.) The counsel for the parties are agreed that the other respondents need not be served in this appeal because it is only respondent Nos. 1 to 3 who were aggrieved against the judgment and decree of the trial Court and it is they who alone have filed appeal before the first appellate Court. The Additional District Judge, Bhiwani vide impugned judgment passed a decree on the basis of a compromise alleged to have been entered into between the parties.

(2.) Mr. Mani Ram, learned counsel for the appellant at the threshold has brought to the notice of this Court that no compromise deed in writing was placed before the first appellate court and that in fact no written compromise exists on the record of the appellate Court. This factual position has not been denied by the counsel for respondent Nos. 1 to 3. On the other hand, he has submitted before this Court that his clients have got no objection to the setting aside of the judgment and decree of the appellate Court and the remanding of the matter for a fresh decision on merits by the appellate court. This being the position, I hereby set aside the judgment and decree of the appellate court and remand the case to the learned Additional District Judge, Bhiwani for decision on merits. The parties would be at liberty to enter into a compromise before him and in such a situation the learned Additional District Judge would insist upon the written compromise if the matter is actually compromised by the parties.

(3.) The parties through their counsel are directed to appear before the first appellate Court on 1.9.1992.