WALAITI RAM Vs. DHARAM SINGH

JUDGEMENT

(1.) This is plaintiff's Second Appeal whose suit was decree by the trial Court. An appeal against the said decree of the trial court was decided on compromise between the parties.

(2.) The plaintiff filed a suit for declaration to the effect that he was the owner-in-possession as co-sharer of 11/16th share of the suit land. The trial Court decreed the suit vide judgment dated 22nd January, 1978, holding that the plaintiff had become the owner as co-sharer to the said extent. In appeal filed by the respondent/defendant, the parties entered into a compromise whereby statement of Walaiti Ram, plaintiff, was recorded on 2nd March, 1979, which was duly signed by him as well as by his counsel Shri J.R. Gupta, Advocate. It reads as under :-

(3.) The plaintiff has filed this Second Appeal on the sole ground that the mandatory provisions of Order 23 Rule 3, Code of Civil Procedure, as amended, have not been observed in the present case, as there was no written compromise duly signed by the parties. No other objection was raised to the compromise as such.