Challenging the impugned judgment(s) and decree(s), it has been argued with vehemence by learned counsel for the appellant that both the courts below have failed to appreciate the settled canons of law that once the compromise, on which, whole of the case depends, comes into a controversy, then, a special vigilant view should have been taken by the courts below. Both the courts below have ignored all the evidence led by the parties prior to the alleged compromise. It was the duty of the court to consider the evidence on record but an easy way was adopted by the courts below to decide the matter on the basis of compromise. Infact, during the pendency of the civil suit before the lower court, Dalip Kumar Sondhi had moved an application objecting compromise which is itself conclusive of the fact that no compromise ever took place and if at all this Court comes to the conclusion that compromise took place between the parties, in that event, it was the result of family pressure and on account of ill health of Ram Parkash Sondhi, who was a cancer patient. Thus, the impugned judgment(s) and decree(s) are not sustainable in the eyes of law. The same are liable to be set aside and the matter is required to be dealt with and disposed of on merit by the courts below after its remand.
