KULBIR GUPTA Vs. JAGDISH

JUDGEMENT

(1.) THE counsel for the respondents has no objection if the delay in filing the revision is condoned. The application for condonation of delay is, therefore, allowed, and the delay is condoned. List the revision for consideration of admission.

(2.) AT this stage, learned counsel for the parties agreed that the revision be disposed of without formally admitting the same to hearing.

(3.) I have heard learned counsel for the parties, and gone though the record of the trial Court. From the record of the case, it appears that a suit for declaration was presented before the Court below on 1 -6 -1992. The petitioner was defendant No. 7 in the said suit. The defendantâ„¢s along with the petitioner appeared before the trial Court. The written statement was filed on behalf of all the defendants and the issues were framed in the suit on 9 -11 -1993. On 29 -10 -1994, all the defendants excepting defendant No. 7 moved an application along with a compromise deed before the trial court. The so -called compromise deed which is on the file of the trial court is an application from defendants 1 to 5, who admit the suit and requested the Court below for passing a decree in terms of the compromise. The application was moved on behalf of defendants 1 to 5 when there were seven defendants in the suit. The trial court has recorded the statements of defendants 1 to 5, but he has conveniently forgotten before passing of the compromise decree impugned that there was one more defendant in the suit (defendant No. 6 being wrongly numbered). On the basis of this so -called compromise arrived at between the parties, the trial court passed a decree on 29 -10 -1994. This so -called compromise decree has been challenged through the medium of the present revision.