LAWS(ORI)-2008-10-58

SRI DADHIBAMAN JEW Vs. DRAUPADI DAS AND ORS.

Decided On October 20, 2008
Sri Dadhibaman Jew Appellant
V/S
Draupadi Das And Ors. Respondents

JUDGEMENT

(1.) Invoking the jurisdiction under Article 227 of the Constitution of India, challenge in this writ petition has been made by the Petitioner to the order dated 26.4.2001 passed by the learned Addl. District judge, Bhadrak in Misc. Appeal No. 1 of 2001 confirming the order dated 12.12.2000 passed by the learned Civil Judge (Senior Division), Bhadrak in Misc. Case No. 150 of 2000.

(2.) The facts as narrated in the records are as follows:

(3.) The Learned Counsel appearing for the Petitioner submitted that the Plaintiff challenged the compromise decree passed in Title Suit No. 279 of 1992 in the Original Suit on the ground of fraud and misrepresentation. In the plaint, the Plaintiff specifically pleaded that he agreed to give up his claim in respect of Ac.0.14.600 sq. links of land and in the body of compromise petition it was so mentioned. However, Nidhi Ch. Dash, the predecessor -in -interest of the opposite parties, while describing the said property, fraudulently managed to mention the dimension of the said land in links. The said fraudulent insertion of dimension escaped the notice of the Petitioner. As per the said dimension of the land, the area comes to Ac.0.18.135 sq. links and not Ac.0.14.600 sq. links in respect of which the suit was compromised. This fraud was detected when Nidhi Ch. Dash claimed Ac.0. l8.135 sq. links of land as per the dimensions of the land mentioned in the compromise petition in place of Ac.0. l4.600 sq. links. Under the above circumstances, he had no other way than to challenge the said compromise decree by filing the Original Suit. Since both the courts below did not consider the same in its proper perspective, the order is liable to be set aside.