R.J.BAHADUR, U.N.SINHA
Mangal Mahton – Appellant
Versus
Behari Mahton – Respondent
1. This appeal has been filed by the plaintiff and it is directed against an order passed in Miscellaneous Case No. 9 of 1960, by which the learned Additional Subordinate Judge has refused to set aside a compromise decree passed in Title Suit No. 2 of 1949, upon an application filed by the plaintiff-appellant.
2. The facts are as follows: On the 7th of February, 1959, the plaintiff had filed a suit, which was numbered as Title Suit No. 2 of 1959. It appears that on the 14th of September, 1960, a petition of compromise was filed in Court, which purported to be a petition on behalf of all the parties to the litigation. On the same day, an order was recorded by the Court to the effect that the suit was decreed in terms of the petition of compromise. The decree was prepared and notified on the 15th of September, and it was sealed and signed on the 19th of September, 1960. It appears that on the 19th of September, 1960, an application was filed by the plaintiff, without mentioning any provision of law under which it was filed, praying that the Court may be pleased to set aside the "compromise petition filed en 14-9-60 and the consequent decree based upon it in Title Suit No. 2 o
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