PANKAJ Vs. USHA

JUDGEMENT

(1.) This petition is directed under Article 227 of the Constitution of India against an order dated 28.9.2007 passed by IInd Additional District Judge, Chhindwara in case M.J.C.No.40/2007, by which an application filed by the petitioner under Order 23 Rule 3 of C.P.C., for cancellation of judgment and decree dated 2.11.1998 in Civil Suit No.329-A/1998 decided on the basis of a compromise between the parties, was dismissed.

(2.) The learned counsel for petitioner submitted as under : (i) that the petitioner was minor on the date when the judgment and decree was passed on the basis of compromise, so the application was rightly filed for cancellation of the aforesaid judgment and decree based on compromise. (ii) that the Court below erred in rejecting the application while the compromise was neither legal nor in the interest of petitioner, who was minor at the relevant time. It was submitted that this petition may be allowed. The impugned order may be set aside and the application filed by the petitioner be allowed.

(3.) Learned counsel appearing for respondents supported the order.