1. This application is directed against an order dt. 5-12-1980 passed in Misc. Case No. 16/80 by 2nd Addl. Subordinate Judge Sitamarhi. By this Order the learned Subordinate Judge dismissed the miscellaneous case holding that the same was not maintainable.

2. In partition suit No. 168/73 a petition of compromise was filed and the suit was ordered to be decreed in terms of the same on 10-9-1980, on 13-9-1980 these petitioners who are Pardanashin ladies filed an application stating interalia that the compromise had been obtained by practicing fraud upon them. They alleged that although there was a talk of compromise between them and the opposite party, their left thumb impression was obtained on a piece of Sada paper and Vakalatnama and a petition of compromise was filed in the suit by practising fraud upon them. They inter alia stated that their share in the property was more than 1.50 acres, but, they have been given only 25 acres by the alleged compromise, for which they had never agreed or consented.

3. On the basis of the said application a miscellaneous case No. 16/1980 was registered. The opposite party filed a rejoinder stating inter alia that the miscellaneous case w