( 1 ) THE plaintiff-petitioner purchased from the defendant-respondent one Lathe Machine for a sum of Rs. 17,000. 00 and odd. After delivery he did not find the lathe machine in working condition. After correspondence he filed a suit against the defendant for a decree directing him to perform his part of the contract to replace the machine in question and to pay Rs. 20,000. 00 as damages etc. The suit was contested. The evidence was being recorded and on 25-2-83 the plaintiff and the defendant entered into a compromise. They made the following statements before the Court :

" Statement of Shri D. D. Chiohgur, partner of the plaintiff and Harbhajan Singh, proprietor of the defendant on S. A : We have compromised the suit. It is agreed that the plaintiff shall send the machine in question of 12 ft which was supplied by the defendant with the accessories except the parts which were found missing to the factory of Mr. Zaki Hussan at B-136, Okhla Phase I within three months and the defendant shall in place of the said machine supply two machines i. e. one of model BD-2 of 6 ft and one of the model BD-3 of 6 ft as prescribed in Ext. PT with all accessories. After the defendant gets ready

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