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2017 Supreme(Pat) 806

MUNGESHWAR SAHOO
Nityanand Chaudhary – Appellant
Versus
Braj Kishore Chaudhary – Respondent


Advocates Appeared:
For the Petitioner:Mr. Madhav Roy, Mr. Ravindra Kumar Choudhary, Advocate
For the Respondent:Mr. Rajeev Roy, Mr. Amrendra Kumar Sinha-1, Advocate

JUDGMENT :

1. I have already heard the learned counsel, Mr. Madhav Roy on behalf of the petitioners and the learned counsel, Mr. Rajeev Roy on behalf of opposite parties.

2. The plaintiffs-petitioners and some of the defendants-opposite parties in the court below have filed this Civil Revision application against the impugned order dated 29.08.2003 passed by the learned Munsif, Sadar Purnea in Misc. Case No.42 of 1994 whereby the learned trial court set aside the compromise final decree passed in Title Suit No.167 of 1972.

3. It appears that Title Suit No.167 of 1972 was filed by the plaintiffs-petitioners claiming for partition of suit property for separating his 1/24th share. The defendants appeared and then compromise application was filed on 30.04.1973 and ultimately the said suit was decreed in terms of compromise and final decree was passed on 14.08.1974. The defendant Nos.12 to 14 then filed Misc. Case No.42 of 1994 alleging that they had no knowledge about the suit or compromise decree, therefore, they inspected the record through their Advocate on 25.07.1994 after coming to know about the said case from the proceeding in Case No.428M of 1994. Thereafter, they came to know tha
















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