JUDGMENT :

A.K. RATH, J.

This is an appeal against the judgment and decree dated 22.10.2009 and 3.11.2009 respectively of the learned District Judge, Sambalpur in R.F.A.No.6/3 of 2007-08 confirming the judgment and decree dated 11.12.2006 and 21.12.2006 of the learned Civil Judge (Sr.Division), Sambalpur in T.S.No.41 of 2001.

2. The following genealogy would show the relationship of the parties.

Hari Prasad Mishra (D.3)(dead) = Suchitra Mishra (Plaintiff)
Surjit (Son) (D.1)	Kamaljit (Son) (D.2)(dead) = Ashalata	Smt.Leela (D.3 (a))	Sudha (D.3(b))	(5) Smt.Smita (D.3 (c)(dead))
Sukanya		Namrata	Nirlipta	Ramanarayan

3. Case of the plaintiff was that T.S.No.83 of 1990 was instituted by defendants 1 and 2 against defendant no.3 for partition. The same was decreed in terms of a compromise petition dated 16.4.1991. She was not a party to the suit. No share was allotted to her. She came to know about the suit and compromise decree in the month of January, 2001. With the aforesaid factual scenario, the suit was filed for a declaration that the compromise