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2017 DIGILAW 1157 (HP)

Joginder Singh v. Amar Singh

2017-10-10

SURESHWAR THAKUR

body2017
JUDGMENT : Sureshwar Thakur, J. OMP No. 344 of 2017 The prayer made in the application is allowed. The application stands disposed of. Civil Suit No. 8 of 2016 During the pendency of the suit before this Court, the parties at contest has instituted here before a joint application cast under the provisions of Order 23 Rule 3 CPC. The plaintiff and the duly constituted GPA of the defendant in their respectively rendered statements on oath, statements whereof stand duly reduced into writing and signatured by each of them made communications therein, of, application borne in Ext. P-1 bearing their respective signatures, respectively at circles ‘A’ and ‘B’, also affidavits appended thereto also bearing their respective signatures. 3. Cumulatively, In view of the joint application cast under the provisions of Order 23 Rule 3 CPC and the statements made before this Court by the plaintiff and by the GPA of the defendant, statements whereof stand duly reduced into writing and signatured by each of them, this Court is constrained to hence decree the suit of the plaintiff, its standing in terms of the compromise deed borne in Ext. P-1, hence compromised, deed whereof shall form part and parcel of the compromise decree. In case the defendant breaches the recitals occurring in the compromise decree embodied in Ext. P-1, thereupon the entire claim, reliefs reared in the instant suit shall be deemed to have been decreed. Accordingly, Court fees in accordance with law be refunded to the plaintiff. All pending applications also disposed of. Stated that I have filed a joint application with the defendant duly constituted GPA, application whereof is cast under the provisions of Order 23 Rule 3 CPC which is exhibited as P-1. It holds my signatures at blue encircle of point ‘A’. I pray that the application be allowed and suit be decreed as compromised in consonance with all the recitals borne therein in Ext. P-A. The order be made part and parcel of the decree. Stated that the defendant has constituted a duly executed GPA in my favour, photocopy whereof is appended with the application at hand as Ext. P-2, original also seen, compared and returned. It holds my signatures at blue encircle of point ‘B’. The GPA appended with the application also bears my signatures therein at point ‘C’. I have heard the statement of the plaintiff. P-2, original also seen, compared and returned. It holds my signatures at blue encircle of point ‘B’. The GPA appended with the application also bears my signatures therein at point ‘C’. I have heard the statement of the plaintiff. The suit of the plaintiff be decreed in accordance with the recitals borne in Ext. P-1.