BHUVNESH VERMA Vs. KASHMIRI LAL

JUDGEMENT

(1.) This revision petition is directed against the order dated 15-5-2000 passed by the learned Senior Sub-Judge, Hamirpur thereby dismissing the application under OrJer 23, Rule 3, C.P.C. filed by the petitioner-defendant (hereafter to be referred as 'the defendant') in Civil Suit No.260 of 1999 titled Kashmiri Lai v. Bhuunesh Verma, for disposal of the said suit on the basis of a written compromise dated 18-9-1999 entered into between the parties.

(2.) The material facts for the disposal of the present controversy, in brief, are that the plaintiff-respondent (hereinafter referred to as 'the plaintifff) has instituted the aforesaid suit for possession of land and shop thereon by way of redemption and is pending disposal in the Court of the learned Senior Sub-Judge. On 18-9-1999, when the suit was posted for filing written statement by the defendant, the parties with their Counsel appeared before the Trial Court, indicated their intention to compromise the suit and also filed the compromise dated 18-9-1999, which purports to have been signed by the parties. The learned trial Judge, however, instead of taking further action in the matter in accordance with the compromise, directed that the suit be listed before the Lok Adalat. The suit, thus was placed before the permanent Lok Adalat but the Lok Adalat failed to reconcile the dispute between the parties.

(3.) On 8.2.2000, the defendant moved the said application under Order 23, Rule 3, C.P.C. thereby praying that the suit may be disposed of as per the original compromise already on record. The plaintiff filed reply to the application claiming that there has been no valid and effective compromise and even if there is any such compromise, the plaintiff is not bound by the same. After hearing the parties, the learned Senior'Sub-Judge, passed the impugned order and dismissed the application; hence the present petition.