P.K.Deb, J.

1. This revision petition has arisen out of the order dated 7,11.1998 passed by the Subordinate Judge, Saran at Chapra, in Misc. Case no. 16/97 whereby compromise recorded in Partition Suit No. 269 of 1997 has been set aside under Section 151 of the Code of Civil Procedure holding the same to be unlawful and fraudulent.

Admittedly, the parties to the suit are three brothers and the plaintiff- opposite party filed the above mentioned partition suit bearing no. 269 of 1997 for partition of the properties mentioned in Schedule I to IV in the plaint claiming his 1/3 share. The Scheduled properties in the partition suit included ancestral properties and also the purchased properties by the three brothers. It was averred that the defendant no.1 (petitioner no.1) Dwarika Giri was the karta of the family and used to reside in the ancestral house in village while the plaintiff used to work in a colliery and from his (sic) he used to send money to the defendant no.1. When he retired in the year 1990 he came to the village to spend the retired life. Defendant no.2 (petitioner no,2) Bidya Shagar Giri was in military service and after retirement from military service he was