The single-judge High Court held that the remedy for non-fulfillment of compromise obligations is an application itself, making the petition to recall the earlier order misconceived. The court dismissed the application.
The petitioner's application to recall the order dated 04.09.2019 is dismissed as misconceived.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Writ Miscellaneous Application No. 73/2021
Kesari Devi W/o Laxman, Aged About 52 Years, R/o Chak Manoharpur, Tehsil Amer, District Jaipur, At Present R/o Village Bishangarh, Tehsil Shahpura, Jaipur.
----Petitioner
Versus
Durga S/o Ramnath, R/o Bishangarh, Tehsil Shahpura, District Jaipur.
----Respondent
For Petitioner(s) : Mrs. Sudesh Kasana For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
06/04/2021
An application has been moved for recalling of the order passed by the Court dated 04.09.2019 stating that the respondents have not fulfilled the part of obligation under the compromise and therefore, the petitioner seeks to recall the order dated 04.09.2019.
In the opinion of this Court, the remedy for not fulfilling the part of the obligation under the compromise lies as the application is misconceived and the same is accordingly dismissed.
SAURABH YADAV /670/13
(SANJEEV PRAKASH SHARMA),J
1 issue framed by the court
Whether to recall an order dismissing claims against a party who allegedly failed to fulfill obligations under a compromise.
Kesari Devi W/o Laxman
Durga S/o Ramnath
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
