ISRAR HUSAIN Vs. MOHAMMAD LATEEF AND ORS.

JUDGEMENT

(1.) The short question involved in this second appeal is as to whether an appeal against an order recording a compromise is maintainable.

(2.) The brief facts are that the plaintiff-respondent filed a suit being Regular Suit No.550/1998 before the Additional Civil Judge (S.D.), Court No.23, Barabanki, which was decided on 06.01.2011 on the basis of a compromise filed by the parties.

(3.) The defendant-appellant preferred a Regular Civil Appeal No.9/2011 assailing the order passed on the basis of the compromise on the ground that the compromise has been obtained by playing fraud upon the defendant-appellant. The said appeal was dismissed by the learned Appellate Court on the ground that the appeal against the compromise decree was not maintainable.