ORDER :

1. Heard learned counsel for the petitioners as well as learned counsel for respondent no.1. No one appeared on behalf of the remaining respondents in spite of repeated call.

2. Petitioners have filed this petition under Order 23 rule 3 and section 151 of the CPC for recall of compromise decree dated 20.1.2000 passed by a bench of this court in F.A. no. 208/1979.

3. Admittedly, one Most. Rameshwari filed Title Partition suit no. 626/1972/29/1978 against Gaya Mahto and others and during the pendency of the aforesaid title partition suit, Most. Rameshwari transferred her share to respective petitioners either by executing registered sale deed or by executing gift deed. Moreover, in the aforesaid Title Partition suit no. 626/1972/29/1978, preliminary decree was passed which was challenged before this court by filing F.A. no. 208/1979. During the pendency of the above stated F.A. no. 208/1979, Most. Rameshwari died and appellant got expunged name of Most. Rameshwari on the ground that Most. Rameshwari died without leaving any legal representative and accordingly, vide order no. 23 dated 13.7.1999 of F.A. no. 208/1979, name of Most. Rameshwari was expunged. However, it appears that