JHURI Vs. ALDAN WILLIAM

JUDGEMENT

(1.) The facts relating to this appeal are that the appellants here filed a Suit No. 584 of 1989, Jhuri and Ors. v. Eldan William in the court of Munsif City, Gorakhpur for declaration and permanent injunction restraining the defendants to interfere in the peaceful possession of the plaintiff on the agricultural land bearing Gata No. 738 Plot No. 1457 Min. area one acre 31 dismal 5 Kadi as detailed at the foot of the plaint, situated in village Basaratpur Tappa and Pargana Haveli, Tehsil Sadar, district Gorakhpur. The suit was decreed on a compromise vide order dated 18.5.1989.

(2.) The defendant-respondent Aldan William, thereafter filed a suit No. 1468 of 2000 for setting aside the compromise decree dated 18.5.1989, obtained on the ground of fraud and allegation was that the defendants Jhuri and Ors. manipulated the filing of the written statement in Suit No. 584 of 1989 by an imposter and the plaintiff-respondent never filed written statement and the written agreement and the compromise decree was, therefore, invalid and needed, therefore, to be set aside.

(3.) The Trial Additional Civil Judge (Jr.Div.) Court No. 20, framed issues and proceeded to decide issue No. 11 as preliminary issue and consequently, dismissed the suit as being barred by provisions of Order XXIII, Rule 3A of Civil Procedure Code and dismissed the suit under Order VII, Rule 11, C.P.C. The respondent here challenged this order dated 8.10.2004 by filing an Appeal being No. 32 of 2004 before the Court of Additional District Judge, Court No. 2, Gorakhpur. The learned Additional District Judge, reversed the order dated 8.10.2004 by its order dated 19.11.2005 and sent back the case for further proceedings before the Additional Civil Judge (Jr.Div.). It is against the said order of the Addl. District Judge, that the present appeal has been filed.