HARBANS LAL Vs. PARDIP KUMAR

JUDGEMENT

(1.) THIS second appeal against order has been filed against the judgment dated 23.5.2005 passed by the learned Additional District Judge, Hoshiarpur vide which the compromise decree passed by the learned trial Court was ordered to be set aside and the case was remanded to the trial Court for adjudication on the question of 'Will' dated 3.1.1989 and thereafter to consider the compromise Ex.CI.

(2.) THE plaintiff-appellant-Harbans Lal had filed a suit for declaration to the effect that the plaintiff and defendant Nos. 1 and 2 were joint owners in possession in equal shares, in respect of land earlier owned by Mansa Ram situated in village Dharmpur. He also challenged the mutation of inheritance No. 1323 sanctioned in the name of plaintiff and all the defendants in equal shares to be wrong and liable to be set aside. Consequential relief of injunction was also claimed for restraining the respondents from transferring, in any manner, any specific part of the suit land or from cutting or removing the trees from the suit land. During the pendency of the suit, the parties entered into a compromise, which was placed on record as Ex.C-1 and the suit was disposed of in terms of the said compromise.

(3.) ADMITTEDLY , in the present case, all the parties have not signed the compromise deed therefore, the same could not be said to be lawful or valid so that any compromise decree on the basis of the said decree could be passed. This view of mine finds support from the judgment of Hon'ble Supreme Court in the case of Banwari Lal v. Smt. Chando Devi, 1993(3) RRR 685 : 1993 (Suppl.) CCC 214 wherein, Hon'ble Supreme Court has been pleased to hold as under :-