LALITA BARMAN Vs. REENA BARMAN AND ORS.

JUDGEMENT

(1.) Heard Mr. A. Mabque, learned counsel for the petitioner and Mr. M.U. Mahmud, learned counsel appearing on behalf of the respondent No. 1. The petitioner as plaintiff filed the title suit bearing T.S. No. 30 of 2005 for declaration, partition and injunction in the Court of Civil Judge, Bongaigaon, against the respondents as defendants. The respondents as defendants No. 1, 2 and 3 contested the suit on her own behalf and on behalf of defendant Nos. 2 & 3 by filing written Statement. The suit was decreed on compromise entered into between the plaintiff and defendant No. 1 on 15.06.2007.

(2.) Thereafter, the defendant No. 1 filed an application under Sec. 151 of the Code of Civil Procedure for setting aside the compromise decree stating that in the compromise decree, there was no reference to the insurance policy of the deceased and also the motor accident claims case filed to claim compensation for accidental death of Late Subhash Ch. Barman, husband of defendant No. 1 and father of her minors children.

(3.) The respondents, herein, filed their objection stating that the petition under Sec. 151 of the Code of Civil Procedure is not maintainable on the ground that the compromise was entered between the parties after prolonged amicable discussions in presence of both the parties and their advocates. The defendant No. 1 represented her minor sons and it has been passed as per compromise entered into between the parties. It was also averred in the objection petition filed on behalf of the respondents, herein, that the respondent/plaintiff surrendered her share of benefit of Life Insurance Policy standing in the name of her deceased son in favour of the defendants including her minor sons. The plaintiff, herein, only wanted 1/4th shares of amount of compensation likely to be awarded in connection with the motor accident claims pending in the Motor Accident Claims Tribunal at Bongaigaon.