RSA/271/2015
2021 Latest Caselaw 1382 HP

RSA No.271/2015 26.2.2021 Present: Mr. Basant Thakur, Advocate, for the appellant.

Mr. N.K. Thakur, Senior Advocate, with Mr. Divya Raj Singh, Advocate, for the respondents.

.

There is a typographical mistake in Para-3 of the

judgment dated 23.11.2020. The said Para reads as under:

"3. In view of compromise arrived at between the parties, impugned judgment and decree dated 07.01.2014 passed by learned Civil Judge (Senior Division) Una, District Una, H.P., in Civil Suit RBT No.211/07/03 titled as Shanker Dass deceased through

his LRs vs. Rakesh Kumar & others, affirmed by learned Additional District Judge (I) Una, H.P., vide judgment and decree dated 30.03.2015, passed in Civil Appeal No.61/2014, titled as Ram Lal & another vs. Rakesh Kumar & others, is modified in terms of compromise

deed, which reads as under:-

....................."

In the aforesaid Para it has been recorded that the

first Appellate Court has affirmed the judgment and decree

passed by the trial Court, whereas it should have been that the

judgment and decree passed by the trial Court was set aside by

the first Appellate Court. Therefore, word "affirmed" in this

Para is to be replaced by words "set aside" and, thereafter, this

Para shall be read as under:

"3. In view of compromise arrived at between the parties, impugned judgment and decree dated 07.01.2014 passed by learned Civil Judge (Senior Division) Una, District Una, H.P., in Civil Suit RBT No.211/07/03 titled as Shanker Dass deceased through his LRs vs. Rakesh Kumar & others, set aside by learned Additional District Judge (I) Una, H.P., vide judgment and decree dated 30.03.2015, passed in Civil Appeal No.61/2014, titled as Ram Lal & another vs. Rakesh Kumar & others, is modified in terms of compromise deed, which reads as under:-

....................."

Necessary correction be carried out and decree be

prepared accordingly.

                                                      ( Vivek Singh Thakur )
            February 26, 2021(sd)                               Judge.