KAMRUDDIN Vs. SHRI CHAND

JUDGEMENT

(1.) Although, the matter comes up on the stay application; but, on the request of the learned Counsels for the respective parties this revision petition has been heard on its merit at this stage.

(2.) This revision petition is filed by the petitioners/defendants (for brevity, "the defendants") against the order dtd. 3/5/2018 passed by the learned Senior Civil Judge, Sawaimadhopur (for brevity, "the learned Trial Court") in Civil Suit No. 13/2017 whereby, an application filed by them under Order 7, Rule 11 CPC has been dismissed.

(3.) The relevant facts in brief are that the respondent No. 1/plaintiff (for brevity, "the plaintiff') filed a suit for cancellation of decree dtd. 15/11/2000 passed by the learned Civil Judge (Senior Division), Sawaimadhopur in Civil Suit No. 3/2000 and permanent injunction. It is stated in the plaint that in the aforesaid suit filed by Shri Kamruddin, the predecessor-in interest of the defendant, against him for specific performance and permanent inunction, compromise decree dtd. 15/11/2000 was obtained fraudulently exerting undue pressure upon him. It is also alleged that the decree dtd. 15/11/2000 was in- executable and unlawful in absence of Nagar Palika/Nagar Parishad being a party in the suit. It is averred that when the plaintiff, who was in Jail in a murder case, was released, filed objection in the execution petition filed for execution of the decree dtd. 15/11/2000, the same came to be rejected by the learned Executing Court vide order dtd. 13/4/2017 which gave rise to the cause of action to challenge the decree dtd. 15/11/2000.