ANGAD RAM YADAV Vs. RAMPATIYA

JUDGEMENT

(1.) First civil suit filed by Krishna Ram Yadav and Angad Ram Yadav being Civil Suit No.287A/2009 against Devchand was compromised in Lok Adalat and compromise decree was passed on 29/11/2009. Thereafter, daughter and sons of Devchand filed the suit being Civil Suit No.215A/14 before the 1st Civil Judge Class-I, Ambikapur for declaration of their 1/3rd share in the suit property by partition and for declaring the judgment and decree dtd. 29/11/2009 passed by the 3rd Civil Judge Class-II, Ambikapur in Civil Suit No.287A/09 as null and void to the extent of 3/4rd share.

(2.) In that suit, the present applicants are defendants and after appearance they have filed an application under Order 7 Rule 11 of the CPC, which has been rejected by the trial Court by the impugned order holding that daughter and sons of Devchand have rightly claimed their property and as such, suit is not barred by law.

(3.) Being aggrieved and dissatisfied with the order, the present revision has been filed by defendants Angad Ram Yadav and Krishna Ram Yadav.