SUKHDEO Vs. JAGDHARI

JUDGEMENT

(1.) This is a revision petition against the order dated 10-6-1969 passed by Judicial Officer, Ballia rejecting the application moved by the applicant on 20-9-1967 for setting aside the compromise decree dated 16-6-1964.

(2.) The opposite-parties 1 to 3 filed suit under Sec. 229-B on 27-12-1963 against Gaon Sabha and U. P. State only which was decreed on 16-6-1964. Revisionist applied for setting aside the compromise decree dated 16-6-1964 alleging that the decree had been obtained fraudulently. He also alleged that the land in dispute was pokhri and was used for irrigation purposes. He also alleged that he is interested in the land which is subject-matter of the decree.

(3.) On 10-6-1969, the trial court rejected the restoration application No. 518 in the case Suraj Vs. Jagdhari and others . The Additional Commissioner recommended on 17-11-1971 that the revision petition be dismissed. He held that the applicant was not party to the suit and hence he had no right to apply for setting aside the decree.