R.C.LAHOTI, S.N.PHUKAN
Rampyari – Appellant
Versus
Ramhit – Respondent
ORDER :
1. The parties to a civil suit are said to have entered into a compromise. A deed of compromise was filed before the Trial Court, but the Trial Court refused to record the compromise holding that it was intended to avoid payment of stamp duty and registration, and therefore, was not lawful. The plaintiffs in the Trial Court preferred a revision before the Court of Additional District Judge (empowered to hear civil revisions under Section 115 of the Civil Procedure Code as it stood then amended in its application in the State of M.P.). Before the Revisional Court Balwant Singh, the defendant No. 1 in the Trial Court, resiled from the compromise and on 16-10-91 filed a petition in writing stating the grounds on which he claimed not to be bound by the terms of compromise and why, in his submission, the same was not lawful. While the revision was pending in the District Court, Balwant Singh died on 8-7-92. An application was moved before the District Court proposing to bring the legal representatives on record, based on a Will dated 5-7-92 said to have been executed by Late Balwant Singh in favour of Rampyari. There was a dispute as to whether Balwant Singh was survived by any L
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