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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Chatro Ram – Appellant
Versus
Jitender Kumar – Respondent
| Table of Content |
|---|
| 1. petition challenges dismissal of interim injunction application. (Para 2) |
| 2. injunction denied for concealing prior compromise and unclean hands. (Para 3 , 4 , 5) |
| 3. petition dismissed; findings not binding on trial suit. (Para 6) |
JUDGMENT :
Ajay Mohan Goel, J.
By way of this petition, the petitioner has prayed for the following reliefs:-
“It is, therefore, most humbly and respectfully prayed that the present petition may kindly be allowed and judgment dated 28.08.2025 passed by the Learned District Judge Chamba, District Chamba, H.P. in civil misc. appeal no. 1/2025 affirming the order dated 18.01.2025 passed by Ld. Civil Judge in CMA No. 704 of 2024 in civil suit no. 379 of 2024 may kindly be set aside in the interest of justice and fair play.”
2. The petitioner is aggrieved by the order passed by learned Court Trial Court dated 18.01.2025, in terms whereof, an application filed by the him under Order 39, Rules 1 and 2 has been dismissed as well as the judgment dated 28.08.2025, passed by learned Appellate Court, in terms whereof, the appeal preferred against the order passed by the learned Trial Court, was also dismissed.
3. Having heard learned Counsel for the partie
Interim injunction refused for material concealment of prior compromise; courts deny equitable relief to unclean hands, no interference absent perversity when actions per settlement cause no prejudic....
A suit where a decree based on compromise is not challenged, but compromise itself is called into question, would also be barred by provisions of Order XXIII Rule 3A of CPC.
A suit challenging a compromise decree not challenged, but the compromise itself is called into question, would be barred by the provisions of Order XXIII Rule 3A of CPC. Additionally, a third party,....
(1) Breach of compromise – Only remedy available to aggrieved party is to approach court that recorded compromise under proviso to Order 23, Rule 3 of CPC.(2) When there is a statutory remedy availab....
The petitioner must provide proper reasons and assign adequate cause for not filing a document at the earliest point of time.
The judgment emphasizes the responsibility of the Court to ensure that parties, especially illiterate ones, understand the terms and consequences of a compromise before accepting it.
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