High Court of Punjab and Haryana, Chandigarh
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PIARA SINGH v. BALWINDER SINGH & Ors - RSA-4775-2003  RD-P&H 151 (16 January 2006)
CM No. 11963-C of 2003
in R.S.A. No. 4775 of 2003
DATE OF DECISION: January 31, 2006.
Balwinder Singh and others
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. I.S. Brar,
Advocate, for the appellant.
Mr. Sham Lal, Advocate, for respondent No. 1.
Mr. Deepak Arora, Advocate, for respondent No. 3.
This application has been filed under Section 151 CPC for condonation of delay in refiling the appeal. Application is accompanied by an affidavit. In view of reasoning given in the application, it is allowed and delay in refiling the appeal is condoned.
R.S.A. No. 4775 of 2003.
Respondent No. 1 Balwinder Singh filed a suit claiming declaration that the sale deed dated February 14, 1977, in favour of respondent No. 1 be declared null and void. His suit was dismissed. In appeal, as per judgment under challenge, parties had entered into a compromise, wherein it was mentioned that Rs. 5,50,000/- have been paid by Balwinder Singh, respondent No. 1, to the appellant. Before this Court, counsel for the appellant states that no money was paid to the appellant and his signatures on the compromise or in the Court were obtained by playing fraud on the pretext that money would be paid afterwards. Counsel for respondent No. 1 states that appeal does not lie against a compromise decree. If any fraud, as alleged, has been committed, the appellant will be at liberty to file a separate suit to prove the same. This Court is of the view that the objection raised by counsel for respondent No. 1 is justified. It is borne out from the judgment under challenge that the appeal filed by respondent No. 1 was disposed of on the basis of some compromise. So far as alleged fraud is concerned, appellant, as per law, can file a separate suit to challenge the same. No case is made out to interfere. Appeal stands disposed of.
January 31, 2006. ( Jasbir Singh )
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