JITENDRA SINGH Vs. PARAS KANWAR

JUDGEMENT

(1.) By way of filing this instant petition under Sec. 115 of the Civil Procedure Code (hereinafter to be referred as "CPC"), the petitioner has assailed the order dtd. 29/11/2024 passed by the learned Senior Civil Judge, Sumerpur, District Pali, in Civil Original Case No. 51/2017 "Smt. Paras Kanwar v. Jitendra Singh", whereby the application preferred by the present petitioner/ defendant no. 1 under Order VII Rule 11 CPC came to be rejected.

(2.) Bereft of elaborate details, the present respondent no. 1/ plaintiff filed a suit for declaration and permanent injunction, seeking prayer for setting aside the compromise judgment and decree dtd. 22/6/2015 passed by the Revenue Court as null and void. The petitioner, being the defendant No.1 in the above suit pending before the Civil Court, moved an application under Order VII Rule 11(d) of the CPC, averring therein that the civil suit is barred by law, since it is seeking a declaration to the effect of nullity of the decree dtd. 22/6/2015 passed by the Revenue Lok Adalat, Sub-Divisional Court, Sumerpur, based on a compromise, and filing a separate suit seeking the above prayer is not maintainable in light of the express statutory provision made in the CPC under Order XXIII Rule 3A. The said application has been dismissed by the learned trial Court; hence, the revision petition.

(3.) Shri Rajendra Singh Rathore, learned counsel for the petitioner contended that in light of the express provision contained under Order XXIII Rule 3A of CPC, a separate suit seeking setting aside of a decree passed on the ground of compromise is not maintainable, and the best course available to the plaintiff-respondents would be to make challenge, or question the lawfulness of the compromise and the decree before the Revenue Court which passed the decree on the basis of compromise. He contends that all the objections, either in the form of misrepresentation, lawfulness, or misconception, etc., can be raised before the same court which passed the decree, and the same court is empowered to recall it after examining the lawfulness of the compromise, adjustment, satisfaction, or the agreement. Thus, he prayed that the order passed by the learned trial Court be set asided and by allowing the application moved on his behalf, the suit be dismissed on this count alone.