SUSHIL CHANDRA PAGARIYA Vs. GAJRAJ PAGARIYA

JUDGEMENT

(1.) Heard.

(2.) This revision petition has been filed against the order dtd. 3/12/2018 passed by the Ninth Civil Judge Class-II, Raipur (CG)in MJC (unregistered), by which, the Court below has rejected an application under Sec. 152 read with Ss. 153 and 151 of the Code of Civil Procedure for modification of the compromise decree dtd. 13/2/2018 passed in Civil Suit No.245-A/2017, on the ground that the same is not maintainable. Hence, this revision.

(3.) The brief facts of the case are that Civil Suit No.245-A/2017 was filed by non-applicants 1, 2 and 3 against the applicants and nonapplicant No.4 for declaration that the suit property is in their exclusive ownership and for permanent injunction. The plaint was filed on 7/9/2017 and the suit was listed on 9/3/2018 for filing of the written statement/issues. Meanwhile, an urgent hearing application as also an application under Order 23 Rule 3 read with Sec. 151 of the CPC along with the annexures were filed on 13/2/2018. On the said date, applicant No.1 was in custody and his bail application was pending before the High Court. Applicant No.1 was brought to the concerned court from jail in another Arbitration Case scheduled in the Court of District Judge on 13/2/2018. Applicant No.2 was also not in Raipur on 13/2/2018 as he was in Bilaspur for hearing of his father's bail petition listed before the High Court. However, applicant No.2 reached Raipur in the late evening and he was directly called in the Civil Court. Applicant No.1 was produced at about 4:00 p.m. on 13/2/2018 before the Court. The applicants were assured and allured that the non-applicants/plaintiffs are willing to settle the family dispute and further, if the dispute ends , applicant No.1 will also be released from custody. Hence, the applicants had no choice but to sign such application as it was a question of life and death for applicant No.1. On the same day, plaintiffs Gajraj Pagariya and Smt. Ugam Devi and defendant/applicant No.1 Sushil Chandra Pagariya were examined and the compromise decree was passed on 13/2/2018 itself.