WASSAN SINGH Vs. LAKHA SINGH

JUDGEMENT

(1.) The applicant-appellants filed the present application seeking review of the order dated May 14, 2002 passed by the learned Single Judge.

(2.) Regular Second Appeal No. 4311 of 1986 filed by the present applicants, Wassan Singh and another was disposed of in terms of compromise arrived at between the parties and suit of the non-applicant/plaintiffs i.e. Lakha Singh and others was dismissed. It was further ordered that the compromise (Annexure "C") shall form part of the decree.

(3.) A suit for possession of the land measuring 26 kanals 8 marlas was filed by Lakha Singh and Mukha sons of Arjan Singh, Smt.Giano and Mohindro daughters of Arjan Singh against Wassan Singh and Ram Singh sons of Manna Singh and others. The aforesaid suit was decreed by the learned Trial Court vide judgment and decree dated April 15, 1985. Defendants Wassan Singh and others went in appeal. The aforesaid appeal was dismissed by the learned Additional District Judge vide judgment dated October 29, 1986. The defendants approached this Court through Regular Second Appeal No. 3411 of 1986. During the course of appeal, the matter was compromised through Annexure 'C' and accordingly disposed of on August 13, 1998 in terms of compromise. Consequently, the suit of the plaintiffs Lakha Singh and others was dismissed. A Civil Miscellaneous Application No. 3325-C of 2000 was filed by Lakha Singh and others. It was claimed that the order dated August 13, 1999 passed by the Court be recalled as the aforesaid order had been obtained by fraud and misrepresentation. It was further claimed that the appeal be decided on merit. Various reasons were given by the applicants to recall the aforesaid order dated August 13, 1999 which may briefly noticed as follows :