SHANKAR PANDEY Vs. TRILOKI NATH PANDEY

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Civil Miscellaneous application has been filed under Article 227 of the Constitution of India against the order dtd. 6/6/2016 passed by learned Sub-Judge 1st, Siwan in Miscellaneous Case No. 34 of 2002 whereby and whereunder the learned Court has dismissed the said Miscellaneous Case on merit in absence of the parties.

(3.) The brief facts of the case are that the plaintiffs/ respondents filed partition suit bearing no. 122 of 1997 for declaration claiming that 8 years ago they had been partitioned but due to some reasons parties are not obeying the said partition. The plaintiffs compromised the case with the defendant. The case of the petitioner is that the plaintiffs played fraud and got the suit compromised. Accordingly, Miscellaneous Case No. 34 of 2002 has been filed under Order 23 Rule 3 and 151 of the Civil Procedure Code for setting aside the compromise decree passed on 22/4/1997 in title suit no. 122 of 1997. The learned court below dismissed the said Miscellaneous Case on merit without hearing the petitioner and respondents who were absent on the relevant date and the case was fixed for hearing on objection petition against the hand writing expert report.