BANDU DHULAPPA GIRMAL Vs. VRUSHABH CHANDRAKANT GIRMAL

JUDGEMENT

(1.) By this civil revision application under Sec. 115 of the Code of Civil Procedure, 1908 ("CPC" for short), the applicant/ original defendant is challenging impugned order dtd. 12/3/2020 rejecting application under Order 7 Rule 11 clause (d) of the CPC seeking dismissal of the suit for partition to challenge compromise decree signed by guardian on behalf of the minor.

(2.) Respondent No.1/original plaintiff filed Regular Civil Suit No.242 of 2015 before the learned Civil Judge Junior Division, Kurundwad seeking partition of the suit property and consequential possession. Reference is made to the compromise decree as regards suit property executed on 28/11/2002 by the guardian (mother) of the plaintiff on the ground that the compromise was made in collusion with other co-sharers. Additionally, it is pleaded that permission before appointment of legal guardian was not obtained.

(3.) The applicants filed an application under Order 7 Rule 11 of the CPC seeking rejection of the plaint. The Trial Court by order dtd. 12/3/2020 rejected the application. However, the Trial Court rejected the application holding that the present suit is filed to set aside compromise decree based on the ground that it was not lawful. It is held that the ground pleaded in the plaint is allegation that compromise decree is void, ab initio. The application for review is rejected by order dtd. 20/6/2022. The applicants, therefore, filed present civil revision application.