DHAN SUKH Vs. LIAQ RAM

JUDGEMENT

(1.) This is plaintiffs revision against the order dated 29th March, 1996 whereby the suit for declaration and perpetual injunction filed by the petitioner, hereinafter referred to as plaintiff, against the respondent, hereinafter referred to as defendant, has been ordered to be returned under Order 7, Rule (II) (d) of the Civil Procedure Code.

(2.) Brief facts giving rise to this case are that earlier suit No. 202 -1 of 1992 was filed by the defendant against the plaintiff. This case was listed on 5 -11 -1992, an application was filed on 29 -9 -1992 for preponement of the said suit and deciding it since the matter has been compromised between the parties. Accordingly, the said suit was preponed from 5 -11 -1992 to 29 -9 -1992 and a compromise decree was passed. And, before passing the compromise decree in the suit, statements of the parties were recorded by the trial Court and written compromise was also taken on record, which was marked as Ext. CA and in term thereof Liaq Ram was declared as owner in possession of the suit land comprised in Khasra Nos 1775/129 and 1787/516, Kita 2 measuring 4.8 Bighas, situated in Chak Ratnari, Tehsil Theog, District Shimla, H. P, and the revenue entries to the contrary were held wrong and illegal.

(3.) The aforesaid compromise decree was challenged by the plaintiff to be the result of fraud and misrepresentation having been practised by the defendant upon him. It was a time when he was in bad state of health and the document which was filed as compromise had been held out to be a Will executed by the plaintiff in favour of Liaq Ram, defendant. In these circumstances, declaration was sought that the judgment and decree passed in Civil Suit No 202 -1 of 1992 dated 29 -9 -199,4 is null and void and is not binding on the plaintiff. Further, decree for perpetual injunction was also prayed for.