BISAMBHARI DEVI Vs. ROSHAN LAL

JUDGEMENT

(1.) The present petition has been filed by the Petitioner under Article 227 of the Constitution of India for quashing and setting aside the order as well as the decree dated 30.6.2007 passed by the learned Civil Judge (Junior Division) Court No. II, Ghumarwin, District Bilaspur, on the basis of a compromise held in Lok Adalat on 30.6.2007.

(2.) Briefly stated, the facts of the case are that Respondent No. 1 had filed a suit before the Civil Judge (Junior Division) Court No. II, Ghumarwin, for declaration that Plaintiff is owner in possession jointly over the suit land. The Petitioner was a party to the suit as Defendant No. 51 before the learned trial Court and it was alleged that she was duly represented by advocate Shri J.R. Thakur as per certified copies of the order sheets attached with the petition. The allegations made by the Petitioner are that a compromise had taken place between Respondent No. 1 (Plaintiff) and Respondent No. 2 (Defendant) and the compromise decree was passed. But since the Petitioner who was also a Defendant was not party to the said compromise, the decree in question is liable to be set aside. It was alleged that compromise was never signed by the Petitioner or her counsel and as such, the impugned decree is liable to be set aside.

(3.) The above mentioned facts are not disputed by the Respondents. Impeccable