HARISCHANDRA JHA Vs. DINESH NARAIN JHA

JUDGEMENT

(1.) This is an application under Order 47 Rule 1 of the Code of Civil Procedure for the review of the final consent order dated 16-3-1953, passed in First Appeal No. 363 of 1946 by a Bench presided over by Narayan, J., (as he then was) and myself. It was filed on 14-4-1953, and came up for admission on 30-4-1953, before the same Bench, which then passed the following order :

(2.) The aforesaid First Appeal No. 363 of 1946 arose out of a title suit No. 63/19 of 1944/1945 disposed of by the judgment and decree dated 31-5-1946. The controversy in that case was mainly between the members of the same family of which one Anant Lal Jha alias Buchan Jha was the common ancestor.

(3.) Anant Lal Jha had five sons, namely, Sukhdeo Jha, Harischandra Jha, Gopalji Jha, Suraj Narayan Jha and Subodh Narayan Jha. Ramdani Ojhain was the wife of the aforesaid Anant Lal Jha. Of these five sons, the eldest Sukhdeo Jha has also five sons, namely, Dinesh Narayan Jha, Suresh Narayan Jha, Ramesh Narayan Jha, Umesh Narayan Jha, and Kamesh Narayan Jha. Buchan Ojhain was the wife of Sukhdeo Jha. The title suit giving rise to the aforesaid first appeal was instituted by the aforesaid five sons of Sukhdeo Jha and it were they who having lost that case in, the trial court again came up in first appeal as appellants to this Court. On the side of the defendants in that suit there were five sets. Sukhdeo Jha, who was arrayed as respondents first party in the first appeal, was impleaded in the trial Court as defendants first party. His other four brothers, namely, Haris chandra Jha, Gopalji Jha, Suraj Narayan Jha and Subodh Narayan Jha, who were respondents second party in the said first appeal, were arrayed as defendants second party in the suit The wife of Sukhdeo Jha, namely, Buchani Ojhain, was arrayed as the respondents third party in the first appeal and as defendants third party in the suit. The defendants fourth party consisted of two strangers, Ramlochan Jha and Ramkant Jha, who perhaps were the mortgagee and alienee from Sukhdeo Jha and were impleaded in the first appeal as respondents fourth party. The fifth set of the defendants was represented by Ramdhani Ojhain, the wife of Anant Lal Jha, who was impleaded in the first appeal as respondents fifth party. By the time the first appeal came up for final disposal, it appears that Buchani Ojhain, defendant third party, and Ramdhani Ojhain, defendant fifth party, had already died. Therefore, the aforesaid compromise, which was recorded therein on 16-3-1953, was only between the plaintiffs-appellants, the respondents first party and the respondents second party. The opening paragraph of that consent order reads as follows :