YOG RAJ Vs. KULDEEP RAJ GUPTA

JUDGEMENT

(1.) THE facts of this case illustrate a classic example as to how the civil suit is kept alive by pursuing vexatious and frivolous litigation by cantankerous litigant/defendant. The facts of the case recited herein will substantiate this contention.

(2.) THE controversy dates back to 1983 when the plaintiff filed suit namely COS No. 515/1983 on 3 -11 -1983 and the said suit ended into a compromise decree on 2 -12 -1983. Defendants thereafter filed a subsequent suit namely suit No.294/ 1989 for setting aside of the compromise decree on the ground that the same was obtained by practicing fraud. It was filed on 13 -10 -1989. The learned trial court after hearing the parties dismissed the subsequent suit on 30 -4 -1997, inter -alia holding that the suit is not maintainable. Being aggrieved, he filed CIA No.22/1997 before the learned Single Judge. The learned Single Judge after hearing the parties at length and by a reasoned judgment confirmed the order dated 30 -4 -1997 passed by learned District Judge, Jammu, by its order dated 30 -3 -2001. In this appeal, both the order dated 30 -4 -1997 passed by learned District Judge, Jammu, and 30 -3 -2001 passed by learned Single Judge has been assailed

(3.) TO appreciate the controversy in proper perspective, the facts leading to the filing of the present appeal is summarily recited strictly for the purposes of disposal of the present appeal. This appeal has been preferred by the defendant.