SALWAN PROPERTIES PVT LTD Vs. GIAN CHAND

JUDGEMENT

(1.) ( ORAL )

(2.) THE present revision petition has been filed against an order vide which application of the petitioner for disposal of the suit on the basis of compromise has been declined. THE plaintiffs had filed a suit for declaration seeking decree to the effect that plaintiffs along with defendants No. 7 to 10 were the absolute co-owners in joint possession of the land detailed in para No.1 of the plaint and that the ex parte judgment and decree dated 15.11.1999 passed in civil Suit No. 130 titled Dharampal Versus Jagdish and mutation No. 1442 of 14.6.2002, the lease deed dated 9.9.2002 and mutation No. 1458 of 18.9.2002 are illegal, null and void and not binding on the rights of the plaintiffs. Consequential relief of injunction was claimed against defendant No.1 to 6 and 11 restraining them from interfering in their possession with an alternative prayer that if they succeed in taking possession forcibly then the possession be restored to them. During the pendency of the suit the parties had compromised. THE copy of the compromise was placed on record as Ex. C1. THE learned trial Court rejected the said application vide order dated 24.5.2006 primarily on the ground that the decree of the Civil Court can be set aside on the ground of fraud and misrepresentation and in absence thereof no exparte decree could be set aside. THE petitioner herein filed review petition against the said order the same was also dismissed vide order dated 31.5.2006. THE learned trial Court reproduced the provisions of order 23 Rule 3 C.P.C. which read as under :-