MAGAN BHAI Vs. LR'S OF LACHHI RAM

JUDGEMENT

(1.) This application has been filed by the respondent-plaintiff Magan Bhai in S.B. Civil Regular First Appeal No.10/1989 under Section 151 read with Order XXIII, Rule 3A CPC for recalling the judgment/order dated 07.12.2005 passed by this Court, whereby, the appeal filed by appellant therein was allowed and suit for specific performance of contract filed by the respondent was dismissed on the basis of compromise.

(2.) The facts in brief leading to filing of the present application are that Magan Bhai (hereinafter referred to as 'the plaintiff' irrespective of his position as respondent in the first appeal and applicant in the present application) filed a suit for specific performance of oral contract dated 23.03.1977, which was later on reduced in writing on 19.04.1977 in the Court of Additional District Judge, Bali executed between the plaintiff and Lachhi Ram (hereinafter referred to as 'the defendant' irrespective of his position as appellant in the regular first appeal and the respondent in the present application). The suit filed by the plaintiff was decreed by the trial court by its judgment and decree dated 03.01.1989.

(3.) The defendant filed regular first appeal before this Court. The appeal was admitted on 07.03.1989 after hearing counsel for the plaintiff, who was in caveat.