( 1 ) THE defendants in this application filed by them under Order 7 Rule 11, Order 12 Rule 6 and Section 151 of the Code of Civil Procedure seek rejection of the plaint or alternatively dismissal of the suit on the ground; inter alia. that the suit tor dedaralion for setting aside (he compromise decree passed under Order 23 Rule 3 of the Code ot Civil Procedure by this Court on 4th Januarv, 1975 in Suit No. 443 of 1981 is not maintainable in view of the bar provided under Order 23 Rule 3a of the Code of Civil Procedure and further the plaintiff has acted upon on the compromise decree and taken benefits and advantage out of such decree. and as such he cannot be permitted to challenge this compromise decree.

( 2 ) THE facts giving rise to this application are that the plaintiff tiled Suit No. 443/81 for partition and rendition of accounts regarding Joint Hindu Family properties. The properties for the partition in this suit were the immoveable properties as at present referred to in paragraph 2 of the suit and one of the properties is property No. "0, Malcha Marg, Chanakyapuri. New Delhi measuring about 805 sq, yds. The compromise in that suit was arrived at between th