RAM BILASH SINGH Vs. KAMTA SHARMA

JUDGEMENT

(1.) PLAINTIFFS -petitioners, aggrieved by the order dated 3.9.2005 passed by the Subordinate Judge, III, Aurangabad in Misc. Case No. 19 of 2001 registered in T.S. No. 36 of 1996 have preferred this application.

(2.) PLAINTIFF Nos. 2 and 3 -petitioner Nos. 2 and 3, herein as also the defendants filed application on 7.5.1997 for decreeing Title Suit No. 36 of 1996 in terms of the compromise. Plaintiff No. 1 - Petitioner No. 1, herein filed application under Order I, Rule 10 and Sec. 151 of the Code of Civil Procedure for transposing Plaintiff Nos. 2 and 3 as Defendant Nos. 9 and 10 in the suit, inter alia, alleging that they have gone in collusion with the defendants and filed the collusive compromise petition.

(3.) BY reason of the impugned order, said application has been rejected and the compromise petition filed accepted, inter alia on the ground that the application filed on 14.9.2001 is not maintainable, having been filed after five years of the filing of the compromise petition on 7.5.1997.