IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No. 11628-C of 2011 and RSA No. 883 of 1988 Date of Decision:- 17.10.2011 Jagjit Singh ....Appellant vs. Resham Singh ....Respondents *** CORAM:- HON'BLE MR.JUSTICE ARVIND KUMAR *** Present:- Mr. S.K.Sharma, Advocate, for the appellant. Mr. V.K.Rana, Advocate, for the respondent *** ARVIND KUMAR, J. CM No. 11628-C of 2011: C.M. is allowed. Compromise-deed, Mark 'A' is taken on record. RSA No. 883 of 1988: This regular second appeal has been filed by the defendant- appellant, Jagjit Singh, against the judgment and decree dated 24.10.1987 passed by the Additional District Judge, Ludhiana, decreeing the suit of the plaintiff, Resham Singh, for recovery of Rs.40,800/- with costs throughout and further ordering that Resham Singh, plaintiff, would also get future interest on principal amount of Rs.30,000/- at the rate of 6 per cent per annum from the date of suit till realization. Initially, the suit was filed by Resham Singh against Jagjit Singh and Piara Singh. Trial Court had dismissed the suit; however, appeal preferred by Resham Singh was allowed and suit was decreed only against defendant Jagjit Singh. Hence, the present appeal by Jagjit Singh. During the pendency of the present appeal, the parties have settled their dispute ad-idem. Written compromise dated 27.9.2011, which CM No. 11628-C of 2011 -2- and RSA No. 883 of 1988 is Mark 'A' duly signed by Jagjit Singh and Resham Singh has been produced on record because the dispute involved in the present appeal is only between these two. So far as Piara Singh, defendant No.2 is concerned, suit qua him has been dismissed by both the Courts below and nothing has been claimed against him by plaintiff-respondent. Hence, he is not a party to the compromise. In terms of the compromise-deed, mark 'A' arrived at between the parties, plaintiff-appellant Jagjit Singh has paid the entire decretal amount to Resham Singh, defendant, who has received the same on his behalf and also on behalf of Piara Singh in full and final settlement of the dispute. Now, nothing remains to be paid to Resham Singh and Piara Singh. In the compromise, Resham Singh has also agreed that he has no objection if the judgment and decree dated 24.10.1987 passed by the Additional District Judge, Ludhiana, is set aside and the suit filed by him against Jagjit Singh is dismsised in view of the compromise. On going through the compromise-deed, Mark 'A' and after hearing the counsel for the parties, I am of the view that the compromise- deed (Mark-A) is in the interest of both the parties. Therefore, the application is allowed. Accordingly, in terms of the compromise-deed, Mark A, the present appeal is allowed, judgment and decree dated 24.10.1987 passed by the Additional District Judge, Ludhiana, is set aside and the suit of the plaintiff Resham Singh is dismissed. Parties to bear their own costs. October 17, 2011 ( ARVIND KUMAR) JS JUDGE