S.D. Anand, J. - (1.) This revision petition is directed against the order dated 08.11.2006 (Annexure P -7) vide which the learned Civil Judge (Senior Division), Sonepat (hereinafter referred to as the Trial Court), declined an application under Sec. 151 of the Code of Civil Procedure which had been preferred by the plaintiff -respondent No.1 to request the learned Trial Court to ignore the purported agreement, recorded in its order dated 25.01.2006. The further request made to the Court was to recall the said order and to proceed with the suit.
(2.) Facts occasioning the filing of the application aforementioned in the first instance. Plaintiff -respondent (Chatter Singh) filed a suit for the grant of a decree for specific performance of agreement dated 13.02.1998 which had been executed by the defendant -petitioner to sell the plot under reference to him (plaintiff -respondent). Also applied for was the restraint of the Haryana Urban Development Authority and its Chief Administrator from transferring the relevant plot in the name of anyone other than the plaintiff -respondent.
(3.) On 25.01.2006, the counsel representing the plaintiff - respondent and the learned Counsel for the defendant -petitioner (i.e. the contesting parties) appeared before the learned Trial Court and made the following statement: It is jointly stated that the dispute between the parties has been resolved and according to the compromise entered between the parties, the defendants except HUDA, which is not affected by the result of the litigation, shall pay a sum of Rs. 5,50,000/ -to the plaintiff, who accepts the amount as a compromise between the parties and as a further measure to the full and final settlement of dispute between the parties, the plaintiff shall also withdraw criminal litigation against the defendant. The defendant shall also withdraw any other complaint pertaining to the disputed property against the plaintiff. It is prayed that the court fee affixed on the plaint be got refunded under Sec. 21 of the Legal Services Authority Act to the plaintiff. In the circumstances, after the payment is made by a demand draft within a period of 15 days in favour of plaintiff, the plaintiff shall withdraw the present suit. Needless to repeat, all criminal cases, private complaint or FIR shall be got withdrawn by both the parties against each other within a period of 15 days.;