Punjab-Haryana High Court
Bimla D/O Daya Nand @ Daya Chand vs Ved Parkash @ Bed Parkash And Others on 6 May, 2013
Author: K. Kannan
Bench: K. Kannan
RSA No.3982 of 2010 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
RSA No.3982 of 2010 (O&M)
Date of decision May 6, 2013
Bimla d/o Daya Nand @ Daya Chand
...... Appellant
Vs.
Ved Parkash @ Bed Parkash and others
........ Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
Present:- None.
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1. Whether reporters of local papers may be allowed to see the judgment ?
2. To be referred to the reporters or not?
3. Whether the judgment should be reported in the digest?
K. Kannan, J (oral).
1. The appeal is brought up for hearing on order of Hon'ble the Chief Justice. On several hearings in the past the appellant had never been ready and the case has been adjourned from time to time till ultimately it was adjourned sine die to be placed for hearing when the application is moved. Even today after the matter is brought there is no representation on behalf of the appellant.
2. The issue related to a challenge to a compromise decree which had been obtained by the respondent in contest against the appellant's predecessor. The Court found that the compromise had been made even more than 11 years prior to the RSA No.3982 of 2010 (O&M) 2 institution of the suit and found that the parties themselves have not challenged the compromise within a period of three years and it shall be impermissible for the plaintiff to make out such a claim by means of independent suit. The Court also found that the appropriate procedure must have been to invoke the power under Order 21 Rule 3-A to seek to set aside the compromise if vitiating grounds had been made and a separate suit for challenging the same cannot be maintained. The points of law that arise for consideration have been properly considered already. There is no substantial question of law to be addressed in the second appeal before this Court.
3. The Regular second appeal is dismissed.
(K. KANNAN) JUDGE May 6, 2013 arhana