ORDER

1. Leave granted.

2. The challenge in the present appeal is to an order dated 30.07.2021 whereby the revision petition filed by the appellant against the order dated 17.10.2012 passed by the 2nd Additional Munsiff, Jammu was not interfered with.

3. A compromise decree is said to have been passed on 13.09.2008. The appellants filed an application for recall of the said compromise decree for the reasons that such decree suffers from fraud and collusion. Such application was filed before the Court which granted the decree. The trial Court returned a finding that such application is not maintainable and such view was affirmed by the High Court.

4. This Court in a judgment reported in 'Banwari Lal V. Chando Devi (Smt.) (Through LRS.) & Anr.' (1993) 1 SCC 581 held the question as to whether an aggrieved person against the compromise decree has a right to file an application before the Court which granted the decree or an appeal in terms of Order 43 Rule 1A of the Code of Civil Procedure, 1908 (for short, 'the CPC'). It was held as under:-

13. When the amending Act introduced a proviso along with an explanation to Rule 3 of Order 23 saying that where it is alleged by one party and denie