Rajesh Rastogi (Deceased) And ... vs Prem Chand Gupta And Others
2012 Latest Caselaw 2568 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 27
 

 
Case :- WRIT - C No. - 26142 of 2012
 

 
Petitioner :- Rajesh Rastogi (Deceased) And Another
 
Respondent :- Prem Chand Gupta And Others
 
Petitioner Counsel :- Siddhartha Varma
 
Respondent Counsel :- A.C. Upadhyay
 

 
Hon'ble Manoj Misra,J.

Sri A.C. Upadhyay, Advocate has accepted notice on behalf of respondent No.1.

Issue notice to respondent Nos. 2 and 3 returnable within four weeks. Steps may be taken within three days.

List this case for admission on 13.8.2012.

By the next date of listing, all the respondents shall file their counter affidavit.

It has been contended on behalf of the petitioner  that  the  suit was decreed  on the  basis of  a compromise purportedly signed by Rajesh Rastogi (deceased-petitioner no.1), who is now represented by petitioner No.1/1, and his brother Raghuveer Rastogi (defendant no.3). To recall/set aside  this compromise decree  Rajesh Rastogi filed application, claiming that  no summons was ever served on him and that he did not sign the  compromise document.  It has been contended that an expert report was submitted and  that  the expert report  established that the signatures on the compromise were not of Rajesh Rastogi; and this expert was also examined. It has been contended that the courts below have rejected the application primarily on the ground that the other brother, who was signatory to the compromise, has admitted having entered into compromise. It has been contended that the courts below have not recorded any finding as to whether the summons was duly served upon the defendant-petitioner Rajesh Rastogi.

The matter requires consideration.

Till the next date of listing,  the further proceeding in Execution  Case No.1 of 2003 arising out of  Original Suit  No.  432 of  2001, shall remain stayed.  

Order Date :- 2.7.2012

G.S