( 1 ) SIMRAT Katyal has filed the present suit to get a decree for partition.

( 2 ) PLAINTIFF is the widow of late Harinder Katyal whereas defendant-Varinder Katyal is the real brother of the said late Harinder Katyal. Both the brothers were owning certain properties and had also joint business but disputes had arisen between them which resulted into Harinder filing a petition under Section 20 of the Arbitration Act and defendant-Varinder filing Suit No. 2009/85 to get a decree of partition and dissolution of partnerships between him and late Harinder Katyal. During the pendency of the said suit Harinder Katyal died and, thereafter the present plaintiff is brought on record as legal representative of said Harinder Katyal as he had died leaving behind him his widow as his only heir.

( 3 ) THEREAFTER the present plaintiff and defendant filed a joint application under Orderxxiiirule3ofthecodeofcivilprocedurebearingno. IA. 3938/90 in the said suit in order to pass a decree in terms of the Memorandum of Understanding arrived between the plaintiff and defendant, which was annexed as Annexure a to the said Application. After recording the statements of the parties on oath an