LRS. OF SHYONAND S/O SHRI RAMJI LAL Vs. JAGDISH S/O DUNIRAM, RESIDENT OF GUSAINYANA, TEHSIL & DISTRICT

JUDGEMENT

(1.) The present appeal arises from order dated 4.7.2016 allowing the writ petition setting aside the order of the Board of Revenue dated 13.8.2003 in Case No.140/2001.

(2.) Learned counsel for the Appellants submits that the learned Single Judge ought not to have interfered with the order of the Board of Revenue. The compromise was virtually final for all practical purposes as it had been read out and explained to the parties, it was duly identified by them and the suit was at the stage of final disposal in terms of the compromise, but for the adjournment granted due to the laches of the State.

(3.) The learned Single Judge held that Order 23, Rule 3A Code of Civil Procedure bars a suit to set aside a decree on the ground that the compromise on basis of which decree was passed was not lawful. The proviso to the explanation itself provides that the Court which entertained the compromise petition has to examine whether the compromise was void or voidable. It was further opined that in view of the fact that no final orders had been passed by the Assistant Collector in terms of the compromise and suit was still pending, withdrawal of the compromise by the respondents was justifiable.