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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
:ORDER:
S.B. Civil Revision Petition No.225/2004.
(Lakshmi Lal Vs. Ram Narayan & Others)
DATE OF JUDGMENT : July 15, 2009.
PRESENT
HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS
____________________________________
Mr. Rameshwar Hedau for the petitioner.
Mr. R.S. Mankad for the respondent(s).
BY THE COURT :
In this revision petition, the petitioner is challenging
order dated 28.01.2004 passed by the learned Civil Judge
(Sr. Dn.), Bheem (Rajsamand) upon application filed under
Section 151, C.P.C. for setting aside judgment and
compromise decree dated 29.11.1997.
According to facts, a compromise decree was passed
by the Civil Judge (Jr. Dn.), Devgarh in Case No.623/86 on
29.11.1997. In the application filed under Section 151,
C.P.C., it is stated by the petitioner that while disclosing false
facts and pressure compromise was prepared and verified
and, on that basis, compromise decree was passed by the
trial Court which is nullity. Learned trial Court, after framing
issues upon the application filed under Section 151, C.P.C.,
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rejected the application by the impugned order which is
under challenge.
At the outset, learned counsel for the respondents
pointed out that in execution proceedings initiated for
execution of the judgment and decree dated 29.11.1997,
similar objections were raised by the petitioner and, later on,
those objections were rejected by the trial Court, against
which, revision filed before this Court was also dismissed.
I have perused the impugned order and, so also,
considered the fact of the case that the petitioner has made
a prayer under Section 151, C.P.C. for setting aside the
compromise decree; but, the learned trial Court after framing
issues adjudicated the matter and rejected the application
while recording cogent finding of fact that petitioner has
failed to prove his case that compromise was made under
pressure, in which, there is no error requiring any
interference.
Hence, this revision petition is dismissed.
(Gopal Krishan Vyas) J.
Ojha, a.
