SUKHPAL SINGH Vs. JASWINDER KAUR AND ORS.
LAWS(SC)-2016-3-114
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on March 29,2016

SUKHPAL SINGH Appellant
VERSUS
Jaswinder Kaur And Ors. Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) These appeals are preferred assailing the order dated 23.11.2009 passed in Regular Second Appeal No.4264 of 2009, by the High Court for the State of Punjab and Haryana and rejection of Civil (Misc.) Application NO. 5584-C of 2010, which was filed for recalling the said order.
(3.) A suit for specific performance was filed by the plaintiff (appellant) on the basis of agreement to sell dated 16.11.1993 entered into by the plaintiff with respondent Nos. 1 to 4. Later on, another agreement to sell dated 26.06.1995 was entered into and a sum of Rs. 2,00,000/- (Rupees Two Lakh only) was paid. It was between the appellant and Rajbans Kaur, who is the sister-in-law of Rana Ranjit Singh, in whose favour the appellant had executed a power of attorney dated 22.06.1995 The trial court dismissed the civil suit. The first appellate court allowed the appeal and set aside the judgment and decree of the trial court. Respondent Nos. 1 to 4 filed second appeal being No.4264 of 2009. On 16.11.2009, a compromise was entered into between the attorney of the appellant and the respondent Nos. 1 to 4 and Rajbans Kaur (purchaser). The said compromise was not brought to the notice of the appellant. In the said compromise, the attorney of the appellant had agreed to transfer 65% of the share of the appellant in favour of Rajbans Kaur. It is pertinent to note that she was not a party to the suit or in appeal. The appeal was filed belatedly before the High Court. The High Court, without condoning the delay, had recorded the compromise and set aside the decree passed by the first appellate court. Thereafter, when the appellant came to know about the fraudulent acts of the power of attorney holder, he cancelled the power of attorney dated 22.06.1995. Immediately thereafter, an application for recalling the order dated 23.11.2009 was filed stating that the power of attorney holder had entered into the compromise exceeding his power and the compromise recorded be recalled. The application for recall having been dismissed, the appellant approached this Court.;


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