1. Heard learned counsel for the sole petitioner and learned counsel for the Opposite Parties.

2. This Civil Revision has been filed on behalf of the defendant challenging order dated 2.7.2005 by which the learned Subordinate Judge 7th, Siwan rejected his petition regarding non-maintainability of the suit due to bar imposed under Order 23 Rule 3A of the Code of Civil Procedure (hereinafter referred to as the Code for the sake, of brevity) in Title Suit No. 48 of 2002.

3. The aforesaid suit was filed by the sole original plaintiff-Opposite Party for declaration that the compromise decree dated 18.1.2000 passed in Title Suit No. 331 of 1994 was illegal, without any basis, frivolous and prayed to set aside the same and pass an order of injunction against the defendants.

4. The said Title Suit No. 331 of 1994 was filed by the petitioner against the Opposite Party for specific performance of contract in which a compromise petition was filed on 15.4.1996 with signatures of both the parties whereafter the said suit was decreed on 18.1.2000 on the basis of the said compromise. Much thereafter Title Suit No. 48 of 2002 was filed by the opposite party for declaration that the aforesa