S.B. CIVIL WRIT PETITION NO.4462/2009 Harish Kumar Mali Vs. Harish Kumar Tehlani. Date of order : 6th May, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. S.P. Sharma for the petitioner. ----- Heard learned counsel. This writ petition is directed against the impugned order dated 21.1.2009 whereby the defendant's application under Order 23 Rule 3 C.P.C. has been rejected by the learned trial court. Learned counsel for the petitioner defendant submits that though on the request of learned counsels the matter was referred to the Lok Adalat but since the plaintiff did not appear the matter was sent back to the learned trial court and thereupon the defendant filed the present application to pass decree on compromise on the basis of such application. The said application has been rejected by the learned trial court on the ground that the plaintiff cannot be compelled to compromise in suit filed by him and since no written compromise has been produced the learned trial court in accordance with law at the instance of defendant the compromise decree cannot be passed. Having heard learned counsel and upon perusal of the impugned order, this Court is satisfied that the learned trial court has not committed any error in passing the impugned order. The writ petition is found to be devoid of merit. The same is accordingly dismissed. A copy of this judgment be sent to the opposite party and trial court. [ DR. VINEET KOTHARI ], J. itemNo.8 babulal