UPASNA SAHANI Vs. SHANKAR DASS

JUDGEMENT

(1.) This Regular Second Appeal has been preferred by appellant -defendant against the judgment and decree dated 7.4.1997 passed by the learned Additional District Judge, Solan in Civil Appeal No. 51 -NS/13 of 1994/1993 whereby the judgment and decree passed by the learned counsel Sub Judge 1st Class, Kandaghat has been set aside on the basis of a compromise.

(2.) I have heard the learned counsel for the parties and have also gone through the records.

(3.) This appeal has been admitted for hearing on the following substantial questions of law : (1) Whether the proceedings taken before the Lok Adalat wherein all the parties to the dispute did not agree make the statement nor shown their willingness and consent to the statement made by either parties to the proceedings be held binding on all the parties to the said appeal ? (2) Whether the compromise between few of the parties who have no right, title or interest in the property in which the compromise was entered into could be held to be binding on the defendant - appellant divesting him from the title to the property without his consent and his having entered into the compromise with respect to the said property? (3) Whether the learned Lower appellate Court has illegally held the compromise to be binding on defendant - appellant when neither the compromise was in conformity with provisions of order 23 rule 3 CPC nor the. application made by the plaintiff - respondent conform to the said provisions? (4) Whether the compromise was apparently void for want of consent of the defendant - appellant when he specifically disputed the proceedings before the Lok Adalat, whether it was incumbent for the court to have enquired the allegations made by the defendant -appellant by holding regular enquiry before proceeding to record the compromise -