SATRUGHNA BEURA Vs. SUKA BEHERA

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Order dtd. 25/4/2023 (Annexure-1) passed by learned Senior Civil Judge, 1st Court, Cuttack in C.M. Appl. No.53 of 2022 is under challenge in this CMP, whereby an application filed by the Petitioners under Sec. 151 CPC to set aside the compromise decree passed in CS No.801 of 2021, has been rejected as not maintainable.

(3.) Mr. Panda, learned counsel for the Petitioners submits that Petitioners are strangers to the suit, i.e., CS No.801 of 2001, which was decreed on compromise. Hence, they file CMA No.53 of 2022 to set aside the compromise decree and to hear the suit on merit. The Plaintiffs as well as Defendants filed an application under Sec. 151 CPC to hold the CMA to be not maintainable. Learned trial Court rejected the CMA No.53 of 2022 filed by the Petitioners holding it to be not maintainable. Hence, this CMP has been filed.