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2007 Supreme(P&H) 1694

PERMOD KOHLI
Shanti Devi (dead) represented by LR – Appellant
Versus
Gian Chand – Respondent


Advocates:
For the Appellant:Mr. D.B. Singh, Advocate.
For the Respondent:Mr. C.B. Goel, Advocate.

JUDGMENT

Permod Kohli, J.:-This Regular Civil Second Appeal arises out a of a suit for declaration challenging a compromise decree dated 31.08.1979 passed by the learned Sub Judge IInd Class, Jagadhri, in Civil Suit No.203 of 1979, titled Gian Chand Vs. Smt. Shanti. The compromise decree referred to above, has been challenged on the ground of fraud, coercion, misrepresentation etc. The learned trial Court vide its judgment and decree dated 07.08.1982, dismissed the suit filed by the plaintiff-appellant. The learned Lower Appellate Court vide its judgment and decree dated 22.02.1985 dismissed the appeal and affirmed the judgment and decree of the learned trial Court.

2. When the appeal was taken up for hearing, it came to the notice of this Court that the compromise decree challenged in the suit was passed on 31.08.1979 and the suit came to be filed on 06.12.1979. On noticing these dates, I found that the suit itself is not maintainable in view of the specific bar contained in Order 23 Rule 3-A of the Code of Civil Procedure. Learned counsel for the appellant was, accordingly, asked to satisfy the Court regarding the maintainability of the suit as is observed in the order dated 08.08






































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