AZAGAR BEGUM Vs. KHAMARJAHA BEGUM

JUDGEMENT

(1.) THIS CRP is filed to set aside the order dated 19.7.2012 on IA -2 filed under Order VII Rule 11(d) r/w 151 of CPC in O.S.No.114/2011 on the file of the Learned Civil Judge at Lingasugur.

(2.) THE facts briefly stated; that on 15.4.2011, Lok Adalath passed the decree based on the compromise in O.S.No.60/2011, subsequently the affected party Smt. Khamarjaha Begum filed a suit i.e. O.S.No.114/2011 seeking to declare the compromise decree as null an d void. Petitioner herein/Azagar Begum being the defendant put her appearance and filed an application under Order VII Rule 11(d) r/w 151 of CPC to reject the plaint on the ground that the plaintiff/Khamarjaha Begum only after reading the terms and conditions of the compromise petition had presented the same before the Lok Adalath, consequently, the compromise petition was allowed and the award was passed. The suit is nothing but for cancellation of the compromise decree which is against provision of law. The learned trial Court after hearing both has rejected theapplication.

(3.) SRI R.S.Sidhapurkar, learned Counsel for the respondent in reply submits that she is seeking for declaration in O.S.No.114/2011 to declare the decree passed in O.S.No.60/2011 as null and void since fraud was played on her while taking her signature on the compromise petition. The defendant in the said suit under misrepresentation and fraud managed to obtain her signature on the compromise petition. Except filing an original suit she has no any other recourse to challenge the decree obtained by playing fraud on her.