(1.) I have heard the learned counsel for the parties at length.
(2.) NOTICE of motion in this case was issued on 05.05.2006. On 04.02.2008 when this appeal came up for consideration, a question arose regarding the maintainability of the suit filed by the plaintiffs-respondents in view of the provisions of Order 23 Rule 3-A of the Code of Civil Procedure. Learned counsel for the respondents sought time to examine this issue on the following question :-
(3.) BOTH the learned Courts below have decreed the suit filed by the respondent-plaintiffs, setting aside the decree allegedly on the basis of fraud. It is also admitted case that the decree impugned was passed by the learned Sub Judge Ist Class, Bathinda.