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2009 Supreme(P&H) 978

S.D.ANAND
Gopal Dass – Appellant
Versus
Pawan Kumar – Respondent


Judgment

1. The controversy between the parties is as under:-

The parties were litigating in a suit for permanent injunction pending in the Court of learned Civil Judge (Senior Division), jagadhri. They announced to the Court that they had come to terms. A documented compromise (Annexure P-l) was placed on record. The learned Trial Court passed a decree on the basis thereof. Thereafter, the plaintiff therein (respondent No.1 before this court) filed a plea under Sec.152 read with Sec.151, C. P. C. for correction of a particular Rect. number; indicated in the impugned compromise. The averment was that the aforementioned Rect. number had been inadvertently mentioned as 27/10 in place of correct Rect. number 28/10. Infect, the averment proceeded that there is no rect. number corresponding to the recorded numbers.

2 The plea for rectification was contested by the defendant-petitioner, however, the learned Trial Court allowed the plea vide impugned order dated 21.10.2004. In the course of the impugned order, the learned trial Court held that "both the suits were contested and the main grudge of the plaintiff in both the suits was to reach the Khasra no.7 of Rect. No.27 which was the land






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