1. This civil revision application has been placed before us as a result of reference having been made by one of us (S.N. Hussain, J).

2. The reference has been made on the point as to whether when a decree passed on the basis of compromise is challenged on the ground of fraud etc. by filing a suit, the same is maintainable or not in view of clear bar created under Order XXIII Rule 3A of the Code of Civil Procedure (hereinafter referred to as the Code).

3. The factual matrix of the case is that the plaintiff-opposite party filed a suit challenging the decree based on compromise recorded in Partition Suit No. 17 of 1956 on the ground of fraud. The defendant petitioner appeared in the suit and challenged the maintainability of the suit in view of the provision contained under Order XXIII Rule 3 and 3A of the Code. The trial court held that the suit is maintainable and negatived the objection raised by the defendant petitioner.

4. The said order of the court below has been challenged by the defendant petitioner in the instant civil revision application and when the matter was placed before one of us (S.N. Hussain, J), the judgments of this Court taking contrary view were place