ARUN KUMAR Vs. MOHAN PRASAD

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner is defendant of Title Partition Suit No. 488 of 1992 which was filed by the Opposite party for partition of the suit properties. In the said suit a compromise petition was filed by both the parties whereafter a compromise decree was prepared on 5.3.1993 and a Final Decree was also prepared on 27.9.1994. Thereafter, on 28.11.1996 the defendant-petitioner filed Miscellaneous Case No. 123 of 1996 for setting aside the compromise decree claiming it to be on the basis pf fraudulent compromise petition.

(3.) The petitioner is aggrieved by order dated 19.3.1999 passed in the aforesaid Miscellaneous Case by which the learned Subordinate Judge-I, Patna, dismissed the Miscellaneous Case on the petition filed by the plaintiff Opposite party.