Order

1. At the very inception, it is relevant to note that although the present matter was listed in the cause list of 20.09.2024, on a permission been sought by learned counsel for the petitioners on 17.09.2024, the same was granted for the matter to be listed on 18.09.2024. This is for the reason that on 09.09.2024, the Court had directed the matter to be listed on 17.09.2024 but the same was not listed on the said date.

2. The present writ petition has been preferred against the order dated 03.08.2024 (Annexure-8) passed by the District Judge, Bhilwara in Civil Suit No.147/2023 whereby the application under Order 1 Rule 10, CPC as preferred by the petitioners applicants was rejected.

3. Before proceeding with the adjudication of the present petition, a brief of the facts is essential:

i) In the year 1982, a suit was preferred by one Chand Mal for partition against legal representatives of Bhanwarlal. The said suit was decreed by way of a compromise vide judgment and decree dated 28.08.1989.

ii) In the year 2003, Tara Devi, one of the legal representatives of Bhanwarlal i.e. his daughter, preferred a suit with the relief that the decree dated 28.08.1989 be set aside to the extent of