SURENDRA OJHA Vs. MOSTT.PANPATI KUAR

JUDGEMENT

(1.) HEARD learned counsel for the sole petitioner and learned counsel for the Opposite Parties.

(2.) THIS Civil Revision has been filed on behalf of the defendant challenging order dated 2.7.2005 by which the learned Subordinate Judge 7th, Siwan rejected his petition regarding non - maintainability of the suit due to bar imposed under Order 23 Rule 3A of the Code of Civil Procedure (hereinafter referred to as the 'Code ' for the sake, of brevity) in Title Suit No. 48. of 2002.

(3.) THE said Title Suit No. 331 of 1994 was filed by the petitioner against the Opposite Party for specific performance of contract in which a compromise petition was filed on 15.4.1996 with signatures of both the parties whereafter the said suit was decreed on 18.1.2000 on the basis of the said compromise. Much thereafter Title Suit No. 48. of 2002.was filed by the opposite party for declaration that the aforesaid compromise decree in Title Suit No. 331 of 1994 was illegal and to set aside the same claiming that the Opposite Party had neither appeared in the earlier Title Suit No. 331 of 1994 nor he had engaged any advocate nor had filed any Vakalatnama and the entire procedure was a fraud upon him by the petitioner.