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IN THE HIGH COURT OF JHARKHAND AT RANCHI
PRADEEP KUMAR SRIVASTAVA
Mini Devi aged about 65 years wife of Sukra Mirdha – Appellant
Versus
Lakhi Devi wife of Rajendra Ram – Respondent
JUDGMENT :
1. The present civil revision is directed against the judgment and order dated 27.01.2025 passed by the learned Civil Judge, Senior Division-VI, Ranchi whereby Civil Miscellaneous Case No.34 of 2023 (arising out of Original Suit No.18 of 2014) filed by the petitioner has been dismissed.
2. It appears that Original Suit No.18 of 2014 filed by the opposite party Lakhi Devi (plaintiff) for partition of their ancestral properties jointly possessed by plaintiff and defendants and to carve out her one-fifth share and allot separate possession. The said partition suit was decreed on the basis of joint compromise between the parties. The joint compromise petition was purported to be filed by the plaintiff Smt. Lakhi Devi and defendant Nos.1, 2 and 3 (opposite party Nos.2 and 4 and petitioner herein) along with defendant No.4 Most. Bachan Devi (since deceased). In terms of compromise Pleader Commissioner was appointed for carving out separate Takhta as per the order passed in the said partition suit on 27.07.2015 and the Report of the Pleader Commissioner was also accepted by the learned Trial Court vide order dated 16.03.2016, accordingly, direction was given to prepare final decr
The judgment emphasizes the responsibility of the Court to ensure that parties, especially illiterate ones, understand the terms and consequences of a compromise before accepting it.
Compromise decrees are binding unless legally challenged, and mere allegations of fraud do not invalidate established agreements without sufficient proof or a court ruling to the contrary.
In partition suits, a compromise among co-owners is valid even in the presence of third-party claims, provided it does not extinguish their rights.
Compromise decrees in partition suits involving minors without their inclusion are void and can be challenged based on coercion or lack of lawful procedure.
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