Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 8847 of 2018 Petitioner :- Naresh Kumar And Another Respondent :- Prakash Chand And 2 Others Counsel for Petitioner :- Sheo Shankar Tripathi,Adya Prasad Tewari
Hon'ble Mrs. Sunita Agarwal,J.
The present petition is directed against the order dated 18.8.2018 passed by the Civil Judge (Senior Division) Fast Track Court, Gorakhpur in Case No.946 of 2013. The said order has been passed on an application Paper No.274-Ga which has been filed under Order 22 Rule 3 of the Code of Civil Procedure, 1908 (in short 'C.P.C.') whereby request has been made to make the compromise Paper No.253-Ka as part of the decree. The said application was filed by the plaintiff/petitioner herein. The defendant had filed an objection Paper No.277-Ga on the said application which was duly considered by the court below.
It is recorded in the order impugned that the defendant wants certain alterations in the terms and conditions of the compromise. As the said compromise was not accepted by both the parties to the suit, the application 274-Ga has been rejected, however, it is left open for the parties to the suit to enter into the compromise and place it before the Court.
This order is being challenged in the present petition with the assertion that the compromise Paper No.253-Ka had been filed with the affidavits of the parties and the signatures thereon had been verified by the court below. After verification of the compromise, it was not open for the court below to reject the application moved by the plaintiff to pass decree on the basis of the same. It is admitted to the learned counsel for the petitioner that the application Paper No.274-Ga was moved by the plaintiff solely and the defendant had filed an objection Paper No.277-Ga. The objection taken by the defendant in the said application as noted in the order impugned are not disputed by learned counsel for the petitioner.
In the said scenario, no infirmity is found in the order impugned. It is settled that the compromise decree is passed only after both the parties to the compromise agree to the terms and conditions thereof and, in case, of any such disagreement between the parties, the Court cannot accept the compromise even if signatures thereon are verified.
For the aforesaid, the present petition is dismissed. However, it is kept open for the parties to settle the terms of the compromise and place the same before the Court afresh for due verification and acceptance thereof.
Order Date :- 29.11.2018/Jyotsana