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2017 Supreme(Gau) 556

MIR ALFAZ ALI
Vodafone Spacetel Ltd – Appellant
Versus
Hazi Abdur Rafique Bepari S/o Late Akbar Ali Bepari – Respondent


Advocates Appeared:
For the Petitioner: Mr. M. Sarma.
For the Respondent: Mr. D.K. Sarma.

JUDGMENT AND ORDER :

1. This revision petition is directed against the order dated 29.04.2014 passed by the learned Munsiff No. 2, Dhubri in Title Execution Case No. 11/2009, whereby the petition filed by the Judgment debtor/revision petitioner (herein after referred to as petitioner), under Section 47 of CPC, challenging the executability of a compromise decree was rejected.

2. The brief facts necessary for disposal of this revision petition are that the plaintiff/ respondent (herein after referred to as the respondent) filed a suit being Title Suit No. 23/2008 and during the continuance of the suit, the petitioner and the respondent arrived at a settlement that the petitioner company would appoint the respondent as distributor of the petitioner company and the respondent would withdraw the suits. During the communication between the parties, a draft agreement was prepared either the word “sole” and the same was sent to the petitioner through their agent. The petitioner objected to use of the word “sole” and a revised draft was sent by e-mail, deleting the word “sole” and the revised draft did not contain either the word “sole” or exclusive.” However, in the final agreement of settl


























































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