ARIHANT JAIN AND ORS. Vs. GUNINDER PUSHP JAIN

JUDGEMENT

(1.) THIS civil revision petition is filed against order dated 19.10.2010 whereby the learned 2nd Additional District Judge, Jammu has dismissed the application for recalling the order dated 15.09.2006 and restoring the suit to its original number.

(2.) THE brief facts necessary for disposal of this revision are as follows: - -

(3.) THE said contention was opposed by learned counsel for the respondent by contending that no settlement deed/written agreement was entered into, seeking enforcement of the settlement and the petitioners having reported that the suit was settled out of court, there is a presumption that everything was settled before withdrawal of the suit and therefore the order of the learned trial court is just and proper.