SUSHMA DEVI Vs. GOLU KUMAR @ MUNNA @ SUBHAM RAJ

JUDGEMENT

(1.) - Heard Mr. S.S. Dwivedi, learned senior counsel appearing on behalf of the petitioners and Mr. Dhrub Narayan, learned senior counsel appearing on behalf of the opposite parties.

(2.) This revision application has been filed against the order dated 18.03.2013 passed by Sub Judge - V, Patna in T.S. No. 184 of 2000/Misc. Case No. 08 of 2012 whereby and where under he has declared the compromise decree passed in Partition Suit No. 55 of 1996 and Title Suit No. 147 of 1999 (partition) as illegal, collusive and not binding on the plaintiff.

(3.) The facts relevant in the present context are that Title Suit No. 184 of 2000 was filed by the plaintiff Sona Devi (now deceased) seeking her declaration of title over the property described in schedule - I of the plaint with further declaration that the compromise decree passed in Partition Suit No. 55 of 1996 and Title Suit No. 147 of 1999 (partition) were collusive, illegal and not binding upon the plaintiff. The written statements were filed in the said suit by the defendants including the petitioners also who were defendants in the said suit. After the issues were framed and the parties adduced their evidence, the suit was posted for judgment after completion of the arguments on behalf of the parties in the suit. On 26.04.2012, which was the date fixed for delivering of the judgment, a petition was filed on behalf of the plaintiff praying to convert the suit into a miscellaneous case on the ground that the suit was not maintainable in view of the bar as envisaged under Order 23, Rule 3 (A) C.P.C. The said prayer on behalf of the plaintiff was allowed by order dated 30.04.2012 by the learned court below. Thereafter by the impugned order the learned court below has allowed the prayer on behalf of the plaintiff declaring the decree passed in Partition Suit No. 55 of 1996. and Title Suit No. 147 of 1999 as collusive, illegal and not binding upon the plaintiff.