JUDGMENT :

Hima Kohli, J.

1. The present appeal has been filed by the appellant (defendant No. 1 in CS (OS) 666/2008, instituted by the respondent No. 1/plaintiff), being aggrieved by an order dated 29.10.2018, passed by the learned Single Judge, dismissing an application moved by him under Section 94 CPC read with Order XXIII Rule 3A CPC, praying inter alia that the compromise arrived at between the parties as recorded on 12.4.2012, may be set aside.

2. By this order, we propose to dispose of the preliminary objection take by learned counsel for the respondents No. 1 and 2 to the maintainability of the present appeal, filed under Section 10 of the Delhi High Court Act, 1966 (in short, 'the Act').

3. Mr. Pradeep Dewan, learned Senior Advocate appearing for the respondent No. 1 contends that Section 10 of the Act cannot be invoked by the appellant/defendant No. 1 to assail the order dated 29.10.2018, passed by the learned Single Judge and if aggrieved by the settlement that was arrived at between the parties and recorded in the order dated 12.4.2012, the appellant had only two options. The first option was under the proviso appended to Order XXIII Rule 3 CPC and the other option is avai