( 1 ) THIS civil revision case arises out of an order being Order No. 35 dated 14th May, 2001 passed by the learned Additional District Judge, 5th Court, Alipore, 24-Parganas (South) in Misc. Case No. 18 of 1998. By making this application one Smt. Bina Roy, respondent-opposite party No. 2 herein contended before the Court below that the compromise of the appeal was obtained by practicing fraud and mis-representation which was extensively heard by the learned Judge and ultimately he held in favour of such petitioner-opposite party No. 2 herein. The application was allowed on contest without imposing any cost. The compromise decree affected on 6th December, 1996 was set aside.

( 2 ) ACCORDING to the petitioner, originally one Sri Sailendra Nath Chakraborty (since deceased) executed a will giving the property in favour of two sons which includes the petitioner herein. They obtained their probate. On the basis of the probate when they have called upon the postal authority to get encashment of the Postal Savings Certificate in which either the said Smt. Bina Roy has been shown as nominee or joint-holders, the same was refused. As a result whereof, a title suit was filed i