RSA No.1876 of 2003 1 In the High Court for the States of Punjab and Haryana at Chandigarh … CM No.9461-C of 2008 and RSA No.1876 of 2003 Date of decision: December 10,2008 Roop Lal and others ..Appellants. Versus Deepak Sharma and others ..Respondents Coram: Hon'ble Mr.Justice Rakesh Kumar Garg Present: Mr. Puneet Jindal, Advocate for the appellants. Mr. M.L. Sarin, Sr. Advocate with Ms. Seema Jagpal, Advocate for the respondents. ... Rakesh Kumar Garg,J. This application has been filed on behalf of the plaintiff- respondents under Order 23 Rules 1 and 3 CPC read with Section 151 CPC for permission to withdraw plaint/suit and to order acceptance of the appeal as per compromise which has already been placed on the record as Annexure A-1 attached with C.M.No.9460-C of 2008. It has been averred in this application that the parties have settled their disputes and as per this compromise, the plaint is to be withdrawn and appeal is to be allowed. Parties through their attorneys are present in the court. Statement of Shri Krishan Chand Sharma, Special Power of Attorney of respondent Nos.1 to 5 and statement of Sanjeev Kumar son of Roop Lal Power of Attorney of Shri Rup Lal Appellant have been recorded separately which are marked as Ex.CX1 and Ex.CX2 and are taken on the record of the case. In his statement, Shri Krishan Chand Sharma has stated that the parties have compromised the dispute and he has been paid certain amount and he wants to withdraw the suit and he has no objection if the appeal filed by the RSA No.1876 of 2003 2 appellants is allowed. However, he has stated that if the two cheques given to him are not honoured, he shall have the right to revive this appeal. Shri Sanjeev Kumar who has appeared on behalf fo the appellants have stated that they have paid certain amount to the respondents by way of two cheques and those cheques will be honoured and he has no objection if the respondents are allowed to withdraw the suit. Ms. Seema Jagpal, learned counsel appearing on behalf of the defendant-appellant has no objection to this prayer of the plaintiff-respondent for withdrawal of the plaint. She has also brought to my notice that certain amount has been paid to respondent through their attorney Shri Krishan Chand Sharma vide Cheque No.637841 dated 10.12.2008 drawn on Oriental Bank of Commerce, Lambra, District Jalandhar and Cheque No.200328 dated 10.12.2008 drawn on State Bank of India, Khurla Kingra, District Jalandhar by the appellants in settlement of the dispute. Learned counsel for the appellant has also assured the court that the cheques shall be honoured. Learned counsel appearing on behalf of the plaintiff-respondents further stated that in case either of the two cheques are not honoured, they shall have the right to revive this appeal. Learned counsel appearing on behalf of the appellant has no objection to this. In view of the above stand taken by both the parties, the plaintiff- respondent is allowed to withdraw his plaint as prayed subject to the condition aforesaid and consequently this appeal is allowed. The compromise Ex.A1 attached with Civil Misc.No.9460-C of 2008 and statements recorded in the court i.e., Exhs.CX1 and CX2 shall be part of this judgment and decree and parties shall be bound by it. It is needless to say that once the plaintiff has withdrawn his plaint itself, the judgment and decrees of the courts below cannot be sustained and the same are set aside. December 10, 2008 (RAKESH KUMAR GARG) nk JUDGE RSA No.1876 of 2003 3