- (1.) S. R. Singh, J. Writ petition No. 1 1599 of 1984 has its genesis in original suit No. 608 of 1982 filed by. Snjchatarsen Gupta and others against Smt JPiemj-ala, Gupta for specific performance of contract of sale dated 18- 12-1981. The suit was decreed on 8-11-1982 on the basis of a com promise dated 22-10- 1982. Smt. Prem Lata (Since dead represented by L. R. Shivang Manohar) filed an application on 12-4-1982 under Section 151, C. P. C with the prayer that the compromise filed on 8-11-1982 as also the decree in Suit No. 608 of 1982 be set aside. "the application came to be rejected, by learned First Civil Judge, Meerut vide order dated 10-8-1984 which is the subject matter of impugnment in writ petition No. 11599 of 1984.
(2.) CONNECTED with petition No'. 30068 of 1991 arises out of Civil Suit No. 322 of 1986 filed by Smt. Prem Lata in the Court of 1st Civil Judge, Meerut for declaration that the decree dated 8-11-1982 passed I by jthelst Civil Judge, Meerut in original suit No. 608 of 1982, Chatursen Gupta v. Prem Lata was null and void being based on fraudulent compromise dated 22-10-1982. Further relief claimed in the suit was that the sale deed dated 27-1-1983 executed by the 1st Civil Judge, Meerut pursuant to the. Compromise decree dated 8-11-1982 and which was registered with thejlegistrar, Delhi in 1t-2- 1983/14-2- 1983 be also declared as null and void and unenforceable. In the suit an "application registered as 7c2 was filed for staying the operation of the decree dated 8-11-1982 passed in original suit No. 608 of 1982. The said, application was rejected by the trial court vide order dated 11-9-1986 but allowed by the appellate Court vide order dated 6-9-1991. The writ petition is directed against the appellate order dated 6-9-1991 setting aside the trial Court's order dated 11-9-1986 and staying the operation of the decree dated 8-11-1982 passed in original suit No. 608 of 1982, Chatursen Gupta v. Smt. Prem Lata until the pendency of suit No. 322 of 1986. The writ petition No. 30068 of 1991 was allowed vide judgment and order dated 7-4-1992. Shivang Manohar, the adopted, son of Smt. Prem Lata Gupta, filed a special leave petition before the Supreme Court against the judgment dated 7-4-1992. The leave was granted and consequential Civil Appeal No. 5135 of 1992 was taken up along with transfer Petitions (T. P. C.) No. 494-97 of 1992. The Supreme Court held that the High Court ought to have disposed of both (he writ petitions aforestated together and accordingly the judgment dated 7-4-1992 was set aside by the Hon'ble Supreme Court and the matter remitted back to this Court vide judgment and order dated 27-11-1992 for decision afresh of the aforestated peti tions within six months from the date of the judgment. The parties were directed by the Hon'ble Supreme Court to maintain status-quo till the final decision of the writ peti tions. The transfer petitions whereby the cases pending jit Ghaziabad were sought to be transferred to Delhi were rejected as not pressed. It is indeed regrettable that the peti tions could not be disposed of within six months as per judgment of the Hon'ble Supreme Court. Unfortunately the atten tion of the Chief Justice towards the direc tion contained in the order of the Hon'ble Supreme Court came to be invited for the first time vide application dated 2-4-1997, whereupon the Hon'ble Chief Justice vide order dated 3-4-1997, directed the registry to list both the petitions before this Bench on 9-4-1997 with a further direction to in vite the attention of the Bench concerned towards the judgment of the Supreme Court. It was pursuant to the said direction that the matter came to be listed on 9-4-1997 but it could not be heard on that date because of illness-slip of Sri Vinod Sinha appearing for one of the parties. The argu ments were ultimately heard on 23rd and 24th April, 1997.
(3.) SINCE writ petition No. 11599 of 1984, Prem Lata Gupta (dead) by L. R. v. fst Civil Judge, Meerut and others is the main petition, it would be appropriate to take it up first. As noticed above, the said writ petition arises out of original suit No. 368 of 1982 filed by Chatarsen Gupta and others against Smt. Prem Lata Gupta for specific performance of contract of sale dated 18-12-1981. The plaint was presented on 19-10-1982 in the Court of 1st Civil Judge, Meerut, who ordered the suit to be registered and put it up after receipt of the transfer order by the District Judge and on 22-12-1982, the compromise (Paper 12a) was filed on which the learned 1st Civil Judge, Meerut passed the following order: "12a1 compromise filed in the open Court today put up when transfer list is received. Sd/ Saroj Bala 1st Civil Judge, Meerut. " The compromise purports to bear the signature of Prem "lata in English be sides Sritridra Mani Gupta as her Advocate and on the side of the plaintiffs it purports to have been signed by Chatursen Gupta and Advocate Sri Mahendra Pal Singh. Endorsement of presentation and verification as noted on the back of the compromise read as below. 22-10-82;