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2011 Supreme(Pat) 2339

V.NATH
Satyendra Kumar – Appellant
Versus
Shakuntala Kumari Verma – Respondent


Order

The maintainability of a petition by a third party assailing an order recording compromise between the parties to the suit on the ground of fraud and further the jurisdiction of the Court to recall the said order on the basis of the finding of fraud are the core questions arising for determination in this revision application. The learned counsel appearing on behalf of both the parties have been heard at length.

2. Indisputably, the T.P.S. No. 1121 1986 was filed by the Petitioner No.1 of this revision application as sole plaintiff seeking the relief for partition of his 115th share in the suit properties. He impleaded his father, mother and two brothers as defendants and asserted that they were the members of a Hindu joint family governed by the Mitakshra law and the suit properties comprising movable and immovable properties were their ancestral joint family properties in which he had got 1/5th share. In this suit a compromise petition was filed by the parties and by order dated 22.5.1987 the learned court below accepted the compromise petition and the suit was decreed in the terms of the said compromise. Thereafter by order dated 15.1.1988 the final decree was also passed.

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