K RAJAM RAJU Vs. P RANGAMMA

JUDGEMENT

(1.) The defendants are the petitioners herein, and the revision petition is directed against the order of the Principal Senior Civil Judge, Ranga Reddv District in LA. No.1217 of 2001 in O.S.No.430 of 2001, dated 16-4-2003 under which an application filed by the defendants to dismiss the suit as not maintainable was rejected.

(2.) It is stated that the respondents/ plaintiffs filed the suit seeking the relief of cancellation of a compromise decree that was passed in an earlier suit between the parties i.e., O.S. No.452 of 1991, on the ground of misrepresentation, fraud and coercion. It is stated that the said suit was filed for permanent injunction where during the pendency of the suit the plaintiffs therein have agreed to receive certain amounts from the defendants and a compromise was affected as per which the plaintiffs have given up their rights over the suit schedule property. Alleging that fraud, misrepresentation and coercion have been played in obtaining such compromise decree, the present suit is filed seeking cancellation of the said compromise decree dated 3-7-1998 passed in O.S. No.452 of 1991. The defendants in whose favour the compromise decree was passed filed the present application contending that a separate suit for cancellation of a decree that was passed earlier could not be filed in terms of Order XXIII, Rule 3A of the CPC.

(3.) The said petition was contested by the respondents/plaintiffs relying upon the judgment of the Calcutta High Court. The Court below relying upon the judgments relied upon by the respondents /plaintiffs and distinguishing the judgment of the Supreme Court in Banwari Lai v. Chando Devi, AIR 1993 SC 1139, rejected the application filed by the present petitioners. Aggrieved by that, the present revision is filed.