BAMAN CHARAN SWAIN Vs. PRABHAT KUMAR SWAIN

JUDGEMENT

(1.) This revision under Sec. 115 of the C.P.C., 1908 has been filed by the petitioner(Respondent No.1 in the 1st appeal vide RFA No.40 of 2006) praying for setting aside the impugned order dtd. 6/3/2023(Annexure- 1) passed in RFA No.40 of 2006 by the learned District Judge, Cuttack.

(2.) The factual backgrounds of this revision, which prompted the petitioner for filing of the same is that, the Opposite Party No.1(Prabhat Kumar Swain) in this revision being the appellant had filed the 1st appeal vide RFA No.40 of 2006 under Sec. 96 of the C.P.C., 1908 in the court of the learned District Judge, Cuttack praying for setting aside the compromise decree on the ground of fraud passed in a suit vide T.S. No.110 of 1993 in the court of learned Sub-judge, 1st Court, Cuttack on dtd. 21/3/1993 (Annexure-4) in a Lok Adalat.

(3.) After hearing from both the sides, the learned District Judge, Cuttack rejected to the petition dtd. 21/3/2016(Annexure-6) of the Respondent No.1 of that 1st appeal vie RFA No.40 of 2006 on dtd. 6/3/2023(Annexure-1) relying upon the decision of this Court between Smt. Gourimani @ Umamani Devi and others vrs. Narayan Tripathy and others : reported in 2016(I) CLR-398 assigning the reasons that,