Anil Dev Singh, C.J.-This appeal is directed against the Judgment and order of the learned Single Judge dated 6th December, 1995 in S.B. Civil Regular First Appeal No. 1 7 of 1989. The facts lie in a narrow compass.

2. Theappellant Gopal Lal and respondents Babu Lal, Moda Ram and Kishan Lal are sons of Tola Ram. The first respondent Babu Lal instituted a partition suit, being Civil Original Suit No. 28 of 1980, in the Court of District Judge, Bikaner against the appellant and the second and third respondents. A compromise was entered into by and between the parties and consequently, a compromise decree was drawn by the trial Court on 31st October, 1981. It is significant to note the several years later, the appellant filed a civil suit, being Civil Original, Suit No. 49 of 1987 for declaring the compromise decree to be vitiated by fraud. The respondents herein in the written-statement, inter alia pleaded that the suit was barred in view of the provision of Order 23 Rule 3A of the Code of Civil Procedure. The trial Court struck number of issues including issue No. 4 relating to the maintainability of the suit in view of Order 23 Rule 3A. C.P.C., 1908. The issue was decided