S.N.Hussain, J.

1. Heard learned counsel for the parties.

2. The petitioners were plaintiffs of Title Suit No. 418/1992 which was filed for declaration of title and other consequential reliefs.

3. The petitioners are aggrieved by order dated 26.9.2003 passed in Misc. Case No. 83/1994 by which the learned Munsif, Araria, has set aside the decree dated 3.5-.1994 passed in the aforesaid suit in terms of compromise arrived at between the parties.

4. The learned counsel for the plaintiffs-petitioners submits that in the said suit a compromise petition was filed duly signed by all the parties concerned whereafter the defendant-opposite party also deposed as DW 1 on 3.5.1994 (Annexure-3/1) stating that the suit has already been compromised and he has signed and filed the compromise petition, according to his own free will. Thereafter, a decree of compromise was passed by the learned Court below on 3.5.1994 itself. This decree was challenged later by the said defendant who filed Misc. Case No. 83/1994 for setting aside the compromise decree on the ground that a fraud has been committed upon him ad also claimed that he had neither signed the compromise petition nor he had ever depos