RAM ASREY Vs. RAMESHWAR PRASAD

JUDGEMENT

(1.) This is an application by one Ram Asrey appellant for review of my order dated the 23rd August, 1960: It may be of use to mention a few facts.

(2.) A suit for partition, was commenced by Rameshwar Prasad claiming a third share in certain properties including a house which had been purchased by Rani Asrey applicant. One of the questions before the court below was as regards the legality of the sale deed in favour of Ram Asrey. One allegation was that the same had been procured through exercise of fraud and misrepresentation. The trial Court accepted this contention and held against Ram Asrey in the matter of purchase of the house by him. Ram Asrey not satisfied with that judgment has come up in appeal. One of the points which thus presented itself for decision was about the effective nature of the sale deed in favour of Rani Asrey.

(3.) While the appeal was pending the appellant, i.e. Ram Asrey and respondent Rameshwar Prasad settled their differences and presented a compromise here on the 15th of April, 1960. In presenting this compromise it also was asked that the dispute between the appellant and the first respondent might be decided in terms of the compromise and that it should not be necessary to issue notice to respondents 2 and 3 as they were not affected by the same. Along with the compromise an application was also made to the Court, since the first respondent was represented in the case through a guardian, for its permission to enter into the compromise agreement. The requisite permission was then granted the same day. Later, Ram Saran respondent No. 3 appeared and challenged the action of the appellant and the first respondent and claimed that the sanction of the Court had been obtained by practising fraud upon it. He, therefore, wanted that the order granting sanction to the applicant passed under Order XXXII Rule 7 might be revoked.