JUDGMENT :

UDAY UMESH LALIT, J.

1. Leave granted.

2. This appeal challenges the correctness of the decision dated 19.07.2018 passed by the High Court of Judicature of Allahabad in Civil Revision No. 156 of 2016.

3. One Vinay Prakash Jain filed Suit No. 92 of 1966 (“1966 Suit” for short) in the Court of Sub-Judge, First Class, Delhi seeking declaration that certain properties had fallen to his share after a partition between his father Amba Prasad, his mother Smt. Devi Jain and three brothers, all of whom were arrayed as Defendant Nos. 1 to 5. In the suit four sisters, including Smt Srikanta Jain were also arrayed as Defendant Nos. 6 to 9.

4. An order was passed by the trial court on 23.02.1966 in 1966 Suit recording a compromise amongst the parties pursuant to which the suit was decreed. Relevant portion of the order was as under:

“The plaintiff has prayed that a declaration be made that he is the owner of the properties in the plaint of the suit (illegible). The said properties had fallen in his share in (illegible) between the plaintiff and defendant Nos. 1 to 5. The defendants have today through their counsel Shri Vijay Kishan, Advocate filed written statement admitting the claim of t