MAHESH YADAV Vs. RAJESHWAR SINGH

JUDGEMENT

(1.) Leave granted.

(2.) Plaintiff in a suit for declaration of title and possession is before us aggrieved by and dissatisfied with the judgment and order dated 4-3-2004 passed the High Court of Judicature at Patna in Civil Revision No. 497 of 2003 whereby and whereunder an order dated 20-2-2003 passed by Munsif Biharshrif, Nalanda in Miscellaneous Case No. 19 of 1998 setting aside an ex parte decree, was reversed.

(3.) Plaintiff filed the aforementioned suit as Secretary of Magadh Raj Jarsandh Akhara, Rajgir. In the said suit six defendants were impleaded as parties. It was, inter alia, contended that although the plaintiff had been in uninterrupted possession of Plot No. 5180, the defendants attempted to take forcible possession of land measuring 9 decimals. In the said suit, the defendants filed a joint written statement. During the pendency of the said suit, however, the defendants No. 2 and 5 entered into compromise with the plaintiff. A compromise petition filed by the parties thereto was accepted. Indisputably, talks for compromise were going on by and between the plaintiff and defendant Nos.1 and 6; however, no compromise petition was filed in that behalf. Although witnesses examined on behalf of the plaintiff were cross-examined on behalf of defendant Nos.l and 6, they did not adduce any evidence. The learned Munsif, Biharsharif decreed the suit, stating :