KANHAIYA LAL RATHORE Vs. UMA SHANKAR SINGODIA

JUDGEMENT

(1.) By this miscellaneous application, the petitioner has prayed for revision and revival of the order dated 26.4.2002 whereby SB Civil Revision Petition No.112/1999 was dismissed in view of the settlement arrived at between the parties and the stay petition was also dismissed. The petitioner has further prayed to amend the order and direction dated 6.2.2002 by passing appropriate order and direction to the respondent to make the payment of Rs. 50,000.00 in place of Rs. 10,000.00 per month to the applicant Smt. Geeta Devi who is the legal heir of late Kanhaiya Lal Rathore,original defendant-petitioner in SB Civil Revision No.112/1999. Smt. Savitri Devi and the applicant Smt. Geeta Devi were broguth on record in the aforesaid civil revision petition after the death of the original defendant-petitioner Kanhaiya Lal Rathore. Subsequently, Smt. Savitri Devi also died on 24.12.2002.

(2.) Briefly stated the facts of the case are that the plaintiff-non petitioner Uma Shankar Singodia filed Civil Suit No.51/1997 for rendition of accounts and perpetual injunction against the original defendant Kanhaiya Lal which is pending in the court of Addl. Distt.Judge No.1, Ajmer titled Uma Shankar Singodia V. Kanhaiya Lal wherein an application under Order 7 Rule 11 Code of Civil Procedure was filed by the original defendant on the ground that the civil suit is not maintainable on account of the availability of alternative remedy of arbitration as per the partnership deed which was rejected on15.10.1998, against which, the aforesaid SB Civil Revision Petition No.112/1999 was filed by the original defendant-petitioner Kanhaiya Lal Rathore. During the pendency of the aforesaid revision petition, the original defendant Kanhaiya Lal Rathore diedand his legal heirs Smt. Savitri Devi (wife) and the petitioner Smt. Geeta Devi (daughter) were brought on record on 4.1.2002and the compromise was arrived at between the parties on6.2.2002 which was duly attested by the Deputy Registrar (Judicial)of this Court. According to para 3 of the aforesaid compromise dated 16.2.2002, the plaintiff Uma Shankar had agreed to make payment of Rs. 10,000.00 per month to Smt. Savitri Devi by depositing the same in her bank account. Smt. Savitri Devi and the applicant Smt. Geeta Devi are the signatories to the said compromise being wife and the daughter of the original defendant Kanhaiya Lal Rathore. The said revision petition was dismissed ashaving become infructuous in view of the settlement on 26.4.2002and thereafter, Smt. Savitri Devi died on 24.12.2002, therefore, the present miscellaneous application has been filed by the applicant Smt. Geeta Devi for the aforesaid relief as specified in para 1 of this order.

(3.) The compromise dated 6.2.2002 (Anx.2) is as follows: