JUDGMENT :

Tarlok Singh Chauhan, J.

1. Even though this appeal stands formally admitted on certain substantial questions of law, however, the same need not be answered in view of the nature of the order, I propose to pass.

2. The plaintiff/respondent (hereinafter to be referred as the plaintiff) filed a suit for permanent prohibitory and mandatory injunction which was dismissed by the learned trial Court, however, the judgment and decree passed by it has been set aside by the learned first appellate Court only for the reasons as set out in para-23 of the judgment which reads as under:

"23. The another submission of Ld. Advocate appearing on behalf of the respondent that on the basis of compromise Ex. DW1/A placed on record which was executed between the father of appellant and respondent, the present appeal is liable to be dismissed is also rejected being devoid of any force for the reasons hereinafter mentioned. The respondent did not place on record the original document of compromise Ex. DW1/A. The respondent has simply placed on record the photostat copy of compromise dated 6-6-1982. It is well settled law that document is to be proved by way of primary evidence as per Section 64 o