Sri A.C. Upadhyay, Advocate has accepted notice on behalf of respondent No.1.
Issue notice to respondent Nos. 2 and 3 returnable within four weeks. Steps may be taken within three days.
List this case for admission on 13.8.2012.
By the next date of listing, all the respondents shall file their counter affidavit.
It has been contended on behalf of the petitioner that the suit was decreed on the basis of a compromise purportedly signed by Rajesh Rastogi (deceased-petitioner no.1), who is now represented by petitioner No.1/1, and his brother Raghuveer Rastogi (defendant no.3). To recall/set aside this compromise decree Rajesh Rastogi filed application, claiming that no summons was ever served on him and that he did not sign the compromise document. It has been contended that an expert report was submitted and that the expert report established that the signatures on the compromise were not of Rajesh Rastogi; and this expert was also examined. It has been contended that the courts below have rejected the application primarily on the ground that the other brother, who was signatory to the compromise, has admitted having entered into compromise. It has been contended that the courts below have not recorded any finding as to whether the summons was duly served upon the defendant-petitioner Rajesh Rastogi.
The matter requires consideration.
Till the next date of listing, the further proceeding in Execution Case No.1 of 2003 arising out of Original Suit No. 432 of 2001, shall remain stayed.
Order Date :- 2.7.2012 G.S