(1.) HEARD.
(2.) THE defendant filed an application before the trial court praying for framing and deciding preliminary issue as to the maintainability of the Suit. This having been rejected he has filed the present revision application urging that the Suit was not maintainable and the trial court failed to exercise its jurisdiction in framing and deciding the issue of maintainability as preliminary issue.
(3.) ON behalf of the defendant-petitioner reliance has been placed that Order XXIII. Rule 3 and Rule 3(A) CPC which in terms prohibits filing of a suit challenging a compromise decree. He has submitted that there is a distinction between a decree in general obtained by fraud in a case which was contested and a decree passed on terms of compromise. Order XXIII Rule 3(A) CPC will apply only with a compromise decree and prohibits filing a Suit. challenging the said decree on ground of fraud. In support thereof he has placed reliance on a Division Bench judgment of this Court in the case of Guru Charan Singh and Ors. v. Mahatam Singh and Anr. in Civil Revision No. 1312 of 2002 decided on 18.10.2005.