ORDER :

Heard learned counsel for the parties.

Perused the records.

Order dated 03.05.2013 passed by the Learned Additional Civil Judge (Sr. Division) 1st Court Cuttack in C.S. No. 373 of 2009 rejecting the petitioner filed by the petitioners, who were defendant Nos. 2, 3, 4, 12, 20(b) and 20(c), under Order 7 Rule 11 of C.P.C. for rejecting the plaint as being barred by the previsions of Order-23 Rule 3-A, C.P.C., is challenged in this revision.

2. The present opposite party had filed T.S. No. 314 of 1998 for partition without making the plaintiff in the present suit (C.S. No. 373 of 2009) a party to that suit. The said earlier suit was disposed of on compromise between the parties thereto. The present plaintiff having come to know about the said compromise decree has filed the present suit claiming share in the property which was partitioned in the earlier suit, on the ground that she is a class-I heir of the original owner and entitled to 1/91h share in the property and that the decree for partition in the earlier suit on the basis of compromise between the parties thereto is not binding on her.

3. The present petitioner filed a petition under Order 7 Rule 11, C.P.C. for rejection o