JUDGMENT

B.K. Mukherjea, J. - This rule is directed against an order dated 23rd January 1939 passed by the Subordinate Judge of Dinajpore u/s 151, Civil P.C., by which a final decree passed on compromise in a suit for partition was set aside on the ground of fraud. The facts are not indispute. The plaintiff who is opposite party 1 instituted a suit for partition in the Court of the Subordinate Judge of Dinajpore some, time in the year 1926 for partition of certain homestead and jote lands belonging jointly to him and to the two defendants. Defendant 1 is his brother and defendant 2 who has since died was his cousin. On 21st December 1927 a preliminary decree was passed on consent and the shares of the plaintiff and defendants 1 and 2 in the suit properties were declared to be 7 annas, 4 annas and 4 annas respectively. The work of making the partition was at first given to certain arbitrators, but that having failed a pleader commissioner named Makham Lai Sen was appointed to make the partition. He submitted his report on September 1929. On 7th November 1929 a petition of compromise purporting to be signed by all the parties was presented to the Court and upon that a decree was passe