( 1 ) BY means of the present writ petition under Art. 226 of the Constitution of India, the petitioner has challenged the orders passed by the Munsif Magistrate, Mirzapur, dated 1/09/1989, rejecting the petitioners application under O. 9. R. 13 read with S. 151 of the Code of Civil Procedure for setting aside ex parte decree passed in Original. Suit No. 3 of 1985 and also the order of the District Judge, Mirzapur, dismissing the petitioners Appeal No. 104 of 1989, Smt. Suraj Kumari v. Para Devi, vide its order dated 28/11/1989. The said appeal was directed against the order of Munsif Magistrate, Mirzapur, dated 1/09/1989, referred to above. The main contention of the petitioners counsel, in the present petition is that both the Courts below have committed manifest error of law in taking a view that the application for setting aside the compromise decree dated 22/05/1985 at the instance of the petitioner who was not a party in Original suit No. 3 of 1985, was not maintainable under O. 9 R. 11 read with S. 151 of the Code of Civil Procedure.

( 2 ) ). At the very out set it may be stated that the Courts below have field that in the circumstances of the case the appr