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2006 Supreme(P&H) 3726

PUNJAB & HARYANA HIGH COURT
Jasbir Singh and Pritam Pal JJ.
Lovejit Kaur
Versus
Vikram Singh Rajpal
First Appeal Order No. 190 of 2004,
Decided On : OCTOBER 10, 2006

Withdrawal of appeal based on a compromise under Order 23 Rule 1 C. P. C.

Headnote:

Withdrawal of Appeal - Compromise - The court dismissed the appeal as withdrawn after the appellant placed on record an application under Order 23 Rule 1 C. P. C., an affidavit, and a photostat copy of a compromise, despite the factum of compromise being denied by the respondent's counsel.

Fact of the Case:

The appellant placed on record an application under Order 23 Rule 1 C. P. C., an affidavit, and a photostat copy of a compromise, which was denied by the respondent's counsel. The appellant prayed for the withdrawal of the appeal.

Finding of the Court:

The court dismissed the appeal as withdrawn.

Issues:

Ratio Decidendi:

Final Decision: The appeal was dismissed as withdrawn.

Judgment

Jasbir Singh and j JJ.

1. Counsel for the appellant has placed on record an application under Order 23 Rule 1 C. P. C. ,also an affidavit and photostat copy of a compromise entered into between the parties. Factum of compromise has been denied by counsel for the respondent. Be that as it may, prayer is for withdrawal of the appeal. In view of prayer made, this appeal is dismissed as withdrawn.

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