BISHUNPRASADMISHRA Vs. BACHCHI DEVI

JUDGEMENT

(1.) This appeal by the plaintiffs-appellants is directed against the judgment of affirmance, rendered by Shri S. N. Gupta Additional District Judge VI, Munger in Title Appeal No, 64/80.

(2.) The substantial question of law formulated in this appeal is whether a stranger defendant purchaser of the suit property from the co-sharer of the plaintiff can challenge a compromise decree passed in an earlier suit for partition brought by the plaintiffs against his co-sharers vendor of defendants that the decree was obtained by the plaintiff by practising fraud and misrepresentation and the same is inoperative and not binding on him.

(3.) The legal position is that decree can only be challenged by the party to the suit and not by a stranger to the suit. But in a suit where a declaration is sought by the plaintiff that the sale deed executed by his co-sharer in favour of defendants was against the compromise decree, the defendant is not precluded under the law to take a defence that in the earlier suit for partition was obtained by the plaintiff by practising fraud and misrepresentation.