An order setting aside an order recording a compromise passed under Section 151 of the CPC is not appealable under Order 43, Rule 1 (m) of the CPC.

R.K.Choudhary, J.

1. Miscellaneous Appeal No. 251 of 1955 has been presented by one of the judgment-debtors, namely, Bindeshwari Pd. Chaudhary, against an order of the Subordinate Judge, Darbhanga, setting aside the order dated the 30th of July, 1953, recording a compromise. Civil Revision No. 998 of 1955 has been filed by the same judgment-debtor against the same order by way of precaution. Both of them have been heard together and this judgment will govern them both.

2. The events leading to the presentation of the appeal and the civil revision application, stated shortly, are these. One Lachmi Narain Ojha obtained a decree for mesne profits in Title Partition Suit No. 218 of 1912 against some of the defendants first party of that suit including the appellant and his uncle Ramashray Pd. Chaudhary. A Pleader Commissioner was appointed for determination of the mesne profits, and ultimately a decree was passed for a sum of Rs. 38320 against the appellant and his uncle.

The decree for mesne profits, however, was in the year, 1944, purchased by one Bhola Singh for a sum of Rs. 9000, and he was substituted in place of the original plaintiff Lachmi Narain Ojha. Subsequently, Bhola Singh died on the 17th of February, 1953, and his son Debendra Pd. Singh and widow Musammat Asharfi Devi, respondents first party, were substituted in his place by order dated the 17th of March, 1953. According to the case of these respondents, as respondent No. 1 was a student of the Chapra College and respondent No. 2 was an illiterate Pardanashin lady they entrusted the pairwi of the case to one Rambilas Singh, a cousin of respondent No. 1.

It appears that on the 25th of July, 1953, a compromise petition was filed in court according to which the entire claim for mesne profits as against the appellant and his uncle was withdrawn by the respondents first party. In support of the compromise the above named Rambilas Singh gave his evidence also in court and the compromise was directed to be recorded by order dated the 30th of July, 1953. The case of the respondents first party is that they never entered into any compromise and had no knowledge at all of the filing of the same.

According to them, they came to know of this compromise on the 2nd of October, 1953, when respondent No. 1 was informed by one Mahendra Narain Singh (A.W. 3) that the judgment-debtors had fraudulently and collusively got a compromise petition filed by virtue of which the entire claim was withdrawn. On further enquiry, it is alleged, they came to know as to how the compromise was filed and got recorded by the judgment-debtors fraudulently and in collusion with the above named Rambilas Singh. They then made an application on the 5th of October, 1953, under Sec.151 of the Code of Civil Procedure for setting aside the order recording the above compromise and for restoring the case to the original file, and Miscellaneous Case No. 104 of 1953 was started on that application. The appellant Bindeshwari Pd. Choudhary contested the case and objected to the setting aside of the order recording the compromise. His uncle Ramashray Pd. Chaudhary also filed an application supporting the compromise but he did not make any further contest. The case of the appellant was that the decree for mesne profits was purchased really by his uncle Ramashray Pd. Choudhary in the farzi name of Bhola Singh and that the compromise was brought about at his instance and it was not fraudulent or collusive. The learned Subordinate Judge, after considering the evidence on the record adduced by the parties, came to the conclusion that Bhola Singh was the real purchaser of the decree for mesne profits and the compromise dated the 25th of July, 1953, was collusive and fraudulent and was not entered into by the respondents first party-decree-holders.

He also came to the conclusion that the signatures of the aforesaid decree-holders were forged in the compromise petition and the same was brought into existence and fil