MT. TAJA Vs. MST. AZIZI

JUDGEMENT

(1.) THIS is an appeal against an order of the High Court dated Har 16, 2008, by which it refused to set aside a compromise which it had recorded on Katik 14, 2007, in an appeal pending before it.

(2.) IN the appeal in which the compromise was recorded respondent 1 was the appellant, and the appellant and respondent 2 to this appeal were respondents 1 and 2. On Har 20th 2007 an application was made by respondent 1 to this appeal for recording of a compromise -which was arrived at between the parties to that appeal. On this application the High Court ordered an enquiry to be made by the District Judge of Srinagar, who by his report dated Bhadon 17, found in favour of the factum of the compromise and thereafter on Katik 14, 2007, the High Court recorded a compromise and disposed of the appeal in its terms.

(3.) SOON after on Maghar 8, 2007, a joint application was made under Section 151 of C.P. Code by the appellant and respondent 2 to this appeal to the High Court to set aside the compromise and one of the grounds taken in this application was that the appellant was a minor and no leave was taken of the Court for making of the compromise and that it contravened the provisions of Order 32, Rule 7, Civil Procedure Code.