SUKNA MAHATO Vs. SADHANA DEBNATH AND OTHERS

JUDGEMENT

(1.) This revisional application is directed against order no. 19 dated 4th January 2017 passed by the learned Civil Judge (Senior Division), Islampur, Uttar Dinajpur in Preemption Execution Case No. 6 of 2013, by which an application under section 151 of the Code of Civil Procedure challenging the compromise decree being inexecutable is dismissed.

(2.) Before this Court proceeds to decide the moot question that arises in the instant revisional application, it would be apposite to record the admitted salient facts.

(3.) The record would reveal that the petitioner appeared in the said suit and filed written statement but thereafter did not participate therein and the court proceeded ex parte against him. However, in course of the proceeding the learned Judge thought that there is a possibility of settlement of disputes and referred the parties to mediation under Section 89A of the Code. Admittedly, the petitioner did not participate in the proceeding before the mediator. Ultimately some of the defendants accepted the proposal and the plaintiff/opposite party no. 1 arrived at a compromise and settled their disputes and an agreement was also entered into in this regard. The mediator forwarded the copy of the agreement along with the report to the court. Subsequently, the plaintiff/opposite party no. 1 and the other defendants, who entered into the agreement, filed an application to record the compromise arrived at between them and a decree be passed thereupon.