ISHAKH MIYAN Vs. KISHUN SINGH

JUDGEMENT

(1.) Heard learned counsel for the petitioners as well as learned counsel for respondent no.1. No one appeared on behalf of the remaining respondents in spite of repeated call.

(2.) Petitioners have filed this petition under Order 23 rule 3 and Sec. 151 of the CPC for recall of compromise decree dtd. 20/1/2000 passed by a bench of this court in F.A. no. 208/1979.

(3.) Admittedly, one Most. Rameshwari filed Title Partition suit no. 626/1972/29/1978 against Gaya Mahto and others and during the pendency of the aforesaid title partition suit, Most. Rameshwari transferred her share to respective petitioners either by executing registered sale deed or by executing gift deed. Moreover, in the aforesaid Title Partition suit no. 626/1972/29/1978, preliminary decree was passed which was challenged before this court by filing F.A. no. 208/1979. During the pendency of the above stated F.A. no. 208/1979, Most. Rameshwari died and appellant got expunged name of Most. Rameshwari on the ground that Most. Rameshwari died without leaving any legal representative and accordingly, vide order no. 23 dtd. 13/7/1999 of F.A. no. 208/1979, name of Most. Rameshwari was expunged. However, it appears that appellant of F.A. no. 208/1979 intentionally suppressed this fact that before her death Most. Rameshwari had already transferred her interest in the suit property to the petitioners of the present petition. It would further appear from perusal of the record that after death of Most. Rameshwari, appellant Gaya Mahto and respondent no.2, Bikrama Mahto filed compromise petition before this court in F.A. no. 208/1979 and in the aforesaid compromise petition, they pleaded that after death of Most. Rameshwari, they became entitle for half and half share in the suit property and on the basis of pleadings of the aforesaid compromise petition, this court disposed of F.A. no. 208/1979 vide order dtd. 20/1/2000 in terms of compromise.