1. This Civil Revision is directed against the order dated 15.9.2006 passed by the Sub-Judge-VII, Patna in Title Suit No. 377/2005 whereby the prayer of the defendant-petitioner to declare that the suit is barred under Order XXIII Rule 3A of the Code of Civil Procedure (hereinafter to be referred to as the Code) had been rejected.

2. In the Title Suit No. 140/2005, a compromise was entered into and. accordingly, a decree was drawn after accepting the compromise under Order XXIII Rule 3 of the Code.

3. The plaintiffs-opposite parties filed Title Suit No. 377/2005 challenging the aforesaid decree on the ground that the decree has been obtained by playing fraud upon the plaintiffs and, thus, shall be set aside as the same was not lawful. A petition had been filed by the defendant- petitioner under Order VII Rule 11 of the Code stating therein that the suit challenging the decree drawn on the basis of the compromise under Order XXIII Rule 3 of the Code is barred under Order XXIII Rule 3A of the Code.

4. The trial court has rejected the prayer and proceeded further in the title suit, it has been informed by the opposite parties that the detendants had appeared in the suit conce