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1983 Supreme(Pat) 135

HARI LAL AGRAWAL
Tarkeshwar Lal @ Tarkeshwar Pd. – Appellant
Versus
Sudama Prasad – Respondent


Advocates appeared:
For the Petitioner: M/S Vishwanath Prasad Sinha, Ajit Kumar Singh and Vinod Kumar Sinha;
For the Opposite Party: M/S Binoy Krishna Shukla and Ashok Kumar Sinha No.4.

Judgment

Hari Lal Agrawal, J.

This is an application by the plaintiff against the order of the court below rejecting his application under section 151 of the Code of Civil Procedure for setting aside a compromise decree.

2. The plaintiff instituted a title suit in the court below for declaration of his right over certain landed properties besides other reliefs. On 25.1.1978 a petition of compromise was filed purporting to be on behalf of the plaintiff-petitioner and the contesting defendants. That was not the date fixed in the suit. According to the terms of the compromise the plaintiff relinquished all his claim in the suit land. On 13.2.1978 the trial court recorded the compromise and dismissed the suit on that basis making the compromise petition as a part of the decree. When the petitioner came to know of this fact he made an application on 10.3.1978 for recalling the order on the ground that the petitioner had not entered into the compromise and the defendants after gaining over his pairvikar had manipulated the compromise petition. A miscellaneous case was registered on the basis of this application and a witness was also examined by the petitioner. On taking the view that since










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