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1990 Supreme(Pat) 151

S.B.SINHA
Noor Mohammad Khan – Appellant
Versus
Mary Khan – Respondent


Advocates:
Advocate Appeared:
For the Petitioners.: M/s. P.K. Prasad, M. Sahu and B.B.M. Murti.
For the Opp-parties : M/s. M.Y. Eqbal & Alok Lal.

JUDGMENT

S.B. Sinha, J. - This application is directed against an order dated 6.4.1990 passed by Shri Bishambhar Upadhaya, Sub-ordinate Judge, Ranchi in Misc. Case No. 33/87 whereby and whereunder the said learned court rejected the application filed by the plaintiffs Opp-parties in terms whether it was declared that the consent decree dated 24.6.1987 was an unlawful and illegal one.

2. The fact of the matter lies in a very narrow compass.

3. The Opp-party No. 1 filed a partition suit being Partition Suit No. 327 in the Sub-ordinate 1st Court Ranchi. The Opp-party No.1 being the mother of the plaintiffs-Opp-parties No.2 to 6 acted as their next friend and guardian.

4. The defendants No. 1 to 3 petitioners in the aforementioned suit filed their written statement denying and disputing the claim of the plaintiff. Allegedly the parties entered into a compromise and adjusted all their disputes on 24.6.1987. The said compromise was allegedly signed by all the defendants as also by the plaintiff No. 1 on behalf of the minor plaintiff purported to be upon obtaining necessary permission of the Court. By an order dated 1.7.1987 the said petition of compromise filed by the parties was accepted a











































































































































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