JAGAT SINGH Vs. BIKRAM SINGH

JUDGEMENT

(1.) THIS revision petition has been preferred against the order dated 24.1.1996 passed by the Sub - Judge IV, Siwan, in Misc. case no. 1 of 1997 by which the application made by the petitioners for setting aside the compromise decree on the ground of fraud being practised has been rejected.

(2.) THE admitted position remains that Title Suit no. 274 of 1994 was filed by the opposite parties and it was contended that there was amicable partition between the share holders but no 5/1/2013 Page 236 Surendra Mohan Sinha Versus State Of Bihar documents being annexed regarding amicable settlement which necessitated for filing of the partition suit. After the partition suit was filed both the parties entered into a compromise and such compromise petition was filed signed jointly by both the parties and their counsel and the said compromise petition was considered about its lawfulness by the learned court below and then by accepting the same passed decree on the suit and the compromise petition was made part of the decree.

(3.) BEFORE this Court learned counsel for the petitioners has referred to the ordersheet of the suit showing that compromise -decree was recorded in absence of the petitioners or his counsel. The compromise petition had been pressed to be made a decree from the side of the counsel for the opposite parties alone. Such sort of ordersheet has got no meaning or gives no prejudicial favour in favour of the petitioners when existence of the compromise has not been denied. On going