SHEOJI PRASAD Vs. MOHAN PRASAD

JUDGEMENT

(1.) HEARD learned counsel appearing on behalf of the petitioners. However, no body appears on behalf of the opposite parties despite their appearance. This civil revision application is directed against the order dated'26. 7. 1990, passed by the 3rd Additional Munsif, motihari, in T. S. No. 55 of 1987, holding that the suit is not barred under Order 23 rule 3-A of the Code of Civil Procedure (hereinafter referred to as 'the Code' ).

(2.) IT appears that a compromise decree was passed in the earlier partition suit and Mohan Prasad, one of the parties to the compromise decree brought a suit being Title suit no. 55 of 1987 nor setting aside the compromise decree on the ground of fraud. The defendants-petitioner pursuant to summons' appeared in the suit and raised question of maintainability of the suit under Order 23 Rule 3-A of the Code. The question was decided by the learned court below against the petitioners and held that the suit was maintainable.

(3.) IT is stated on behalf of the petitioners that ex facie against the compromise decree no suit could have been brought in view of Order 23 Rule 3a of the code.