THE CHAIRMAN-CUM-MANAGING DIRECTOR, NATIONAL PROJECT CONSTRUCTION CORPORATION LTD. Vs. THE STATE OF JHARKHAND AND KRISHNA KUMAR MISHRA

JUDGEMENT

(1.) THIS writ petition has been filed against the order dated 8.1.2010 passed by the Sub -Judge -I, Palamau at Daltonganj in Execution Case No. 3 of 2009.

(2.) MR . S.K. Verma, learned Counsel for the petitioner submitted that after fully knowing the contents of the compromise petition, the decree holder -respondent No. 2 (Krishna Kumar Mishra) signed it but he inserted "received draft with objection" by interpolation in the records later on for which the petitioner prayed for enquiry to be conducted which has been refused by the learned court below.

(3.) EVEN if it is accepted that the decree holder has not made interpolation by inserting the said endorsement, such endorsement was meaningless in view of the clear terms of the compromise petition under which the decree holder received the amount. The decree holder cannot be heard to say that he did not understand the terms of compromise. It is not his case that there was any misrepresentation or coercion on the part of the judgment debtor -petitioner for entering into compromise.