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1980 Supreme(All) 680

M. N. SHUKLA, N. N. MITHAL
Pratap Narain Agarwal – Appellant
Versus
Ram Narain – Respondent


Advocates appeared:
A.K. Bannerji, Rajeshwari Prasad and S.N. Verma, Sr. Advocate, for the Petitioner; Swamidayal, G.P. Bhargava, Sr. Counsel, for the Respondents

JUDGMENT

M. N. Shukla, J. - This revision arises out of proceedings in execution of a compromise decree dated 22-1-1975 passed by this Court and affirmed by its order dated 3-4-1975.

2. The execution proceedings arose out of a suit which was filed for dissolution of partnership, rendition of accounts and winding up of the affairs of the firm known as "Agarwal Ice Factory, Ahmadabad" etc. Aggrieved by some of the orders passed in the suit the parties filed F.A.F.O.'s. in this Court and it was during the pendency of these appeals that the parties arrived at the compromise dated 22-1-1975. The following prayers were made by the parties in the compromise:

"A. That it be declared that the firm M/s. Agarwal Ice Factory, Ahmadabad stands dissolved.

B. That the suit for accounting shall stand decreed and the court below will appoint a commissioner to determine the amounts due to the respondents.

C. That on payment of the amount of Rs. 5,14,800/- and upon compliance of the terms of cl. (8) above the first appeal from order No. 31 of 1971 shall stand allowed and order passed by the court below against which order these appeals arise will stand set aside subject, however, to the terms of the com

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