PRAKASH Vs. NAVNATH

JUDGEMENT

(1.) Heard finally by consent of both learned Counsels at the stage of admission.

(2.) The revision petitioner has claimed exception to the order dtd. 30/11/2021 passed in RCS No.245 of 2021 on Exh.20 by learned Joint Civil Judge, Junior Division, Nanded, whereby the application for rejection of plaint in terms of Order 7 Rule 11 (d) of the Code of Civil Procedure has been rejected.

(3.) The facts necessary to decide this revision petition in brief are that the revision petitioner was defendant No.2 in RCS No.245 of 2021. The said suit was filed by respondent Nos.1 to 6 (plaintiffs) seeking relief of declaration of joint ownership and possession in respect of immovable property. Likewise declaration has also been sought that compromise decrees passed in RCS No.122 of 2019 and 157 of 2019 are void and not binding on plaintiffs. Besides that the relief of perpetual injunction has been claimed. The said suit was filed against petitioner (Prakash) and respondent No.7 - Vishwanath. In said suit, petitioner Prakash has applied vide Exh.20 for rejection of plaint in terms of Order 7 Rule 11(d) of CPC. It was contended that compromise decree passed in RCS Nos.122 of 2019 and 157 of 2019 cannot be questioned by way of separate suit. Precisely it was contended that those decrees were passed in Lokadalat and therefore it cannot be questioned by filing separate suit but the remedy lies in filing writ petition. Moreover, it is contended that in view of specific bar created under Rule 3A to Order 23 of CPC, suit shall not lie to set aside decree passed by way of compromise.