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1974 Supreme(All) 12

T.S.MISRA
Shobha Ramq – Appellant
Versus
Inamul Haq – Respondent


Advocates:
Sri Prakash Gupta, for Appellant; Faujdar Rai and S.K. Tandon, for Respondent.

Judgement

JUDGMENT:- This is an application under Rule 3 of Order 23 of the Code of Civil Procedure for recording the compromise and deciding the second appeal as well as the cross-objection in terms of the conditions of the compromise. This application has been signed by Shobha Ram, the appellant, as well as his counsel. It has also been signed by one Safaruddin, special attorney of Inamul Haq, and by the counsel for the respondent. The application was sent to the court below for verification. There an objection was filed that Safaruddin had no authority to compromise the matter on behalf of Inamul Haq. It appears that an application for amendment of the compromise petition was also filed. Consequently the Additional Civil Judge sent back the whole record to this Court. The said application for amendment was dismissed by this Court on 6th April 1973. On that date Sri Faujdar Rai, learned Counsel for the respondent, stated that the alleged compromise is not lawful. He prayed for and was allowed one month's time to file objections and affidavit. On 7th May, 1973, a counter-affidavit of Shidulnmsa, the wife of the respondent, was filed. The appellant has filed a rejoinder affidavit. T








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