KRISHAN LAL Vs. GULAB RAM

JUDGEMENT

(1.) This revision petition has been filed by Krishan Lal, one of the decree-holders, against the judgment of the Executing Court, Kurukshetra, dated 31st January, 1983.

(2.) Briefly, the facts are that on 29-1-1962, Ayudhya Parshad entered into an agreement of sale regarding the land in dispute with Gulab Ram, Krishen Lal and Joginder Dev. On the basis of the agreement, Krishen Lal and Gulab Ram filed a suit for specific performance impleading Joginder Dev as a pro forma defendant. That suit was decreed by the Court on 29th April, 1968. Krishen Lal got the decree executed against the judgment-debtor. Later, Gulab Ram filed an application in the executing Court against Krishen Lal claiming his share in the property. During the pendency of the application, a compromise is alleged to have taken place between them and a writing to that effect was filed in the Court on 25th April, 1979. The application of Gulab Ram in view of the compromise and the statement of Shri A. P. Vij Advocate, who appeared on behalf of Gulab Ram, was dismissed as withdrawn on the same day i.e. 25th April, 1979.

(3.) It is averred that on 19th May, 1979, the date fixed in the case, Gulab Ram came to the Court but his application could not be traced. So, he was asked by the Reader to come on some other subsequent date. He came to the Court again on 15th June, 1979 and he was informed on that day that his application had been dismissed on 25th April, 1979, as withdrawn. He after collecting relevant material made an application for setting aside the order dated 25th April, 1979, on 23rd July, 1979, inter alia stating that he did not enter into any compromise with Krishen Lal nor he engaged Shri A. P. Vij, Advocate, to represent him in the case. He further stated that the compromise deed was a false and fictitious document and a fraud had been committed by Krishen Lal. The notice of the application was given to Krishen Lal who appeared and denied the allegations of Gulab Ram. On the pleadings of the parties, the following issues were framed : -