MAHARPATO DEVI Vs. PHULWASO DEVI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Civil Miscellaneous Application has been filed for setting aside the order dtd. 24/5/2016 passed by the learned Sub-Judge-1st, Danapur in Title Suit No. 133 of 2000 whereby and whereunder the petition filed under Sec. 151 of C.P.C. for conversion of Title Suit No. 133 of 2000 for setting aside of a compromise decree into a miscellaneous case has been rejected.

(3.) It is alleged that in Partition Suit No. 293/1989 a compromise decree was obtained playing fraud. The plaintiffs filed the instant Title Suit No. 133 of 2000 for declaration of the said compromise decree as void ab initio and not binding. The defendants are contesting the suit by filing written statement. The plaintiffs/petitioners filed an application under Sec. 151 CPC on 13/2/2014 for conversion of title suit into miscellaneous case in view of the judicial interpretation of Order 23 Rule 3 of CPC and considering that suit is barred in view of provision of Order 23, Rule 3A CPC. The learned trial Court vide the impugned order dtd. 24/5/2016 rejected the said petition.