Allahabad High Court
Smt. Kalawati vs Additional Civil Judge-Ii Senior ... on 5 May, 2022
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 19 Case :- WRIT - C No. - 1001707 of 2009 Petitioner :- Smt. Kalawati Respondent :- Additional Civil Judge-Ii Senior Division Lucknow Counsel for Petitioner :- Manish Jauhari,A.K.Bajpai,D.K. Srivastava,Mohit Jauhari,P.C. Agarwal,Rajesh Tewari Counsel for Respondent :- C.S.C.,M.P.Yadav Hon'ble Pankaj Bhatia,J.
There is an illness slip of Shri P.C. Agarwal, counsel for the petitioner, however, as the matter is of the year 2009, I am not inclined to adjourn the matter.
The present petition has been filed challenging the order whereby, according to the petitioner, the suit was decided ex-parte and the petitioner, who was arrayed as defendant no.2, was never impleaded.
It is well settled that a compromise decree, which if alleged to have taken place conclusively, can be recalled by moving an appropriate application before the Court concerned as held by Hon'ble Supreme Court in the case of Vipan Aggarwal & Anr. v. Raman Gandotra & Ors. (Civil Appeal No.3492 of 2022 decided on 29.04.2022) - 2022 LiveLaw (SC) 442.
The present petition is accordingly disposed off giving liberty to the petitioner to file an appropriate application if the cause of action still survives for recall of the compromise decree.
This order has been passed in the presence of Shri M.P. Yadav, counsel appearing for the petitioner.
Order Date :- 5.5.2022 nishant