MADHUSUDAN SAHU Vs. JHUNUMANI BEHERA AND ORS.

JUDGEMENT

(1.) Heard Miss D. Priyanka learned counsel for the appellant and learned counsel for the respondents.

(2.) This appeal has been filed assailing the decree and order dated 14.10.1998 passed by the learned Civil Judge (Senior Division) Balasore in T.S. No. 411 of 1998 recording a compromise between the parties to the suit. This appeal is filed mainly on the ground that the compromise recorded was an outcome of fraud. Hence, learned counsel for the appellant prays for setting aside the impugned compromise decree and for issuance of a direction for disposal of the suit on merit.

(3.) Learned counsel for the respondents raises objection to the above submissions on the ground that the appellant who was defendant No. 2 in the Court below is an signatory to the compromise petition and in view of the provision under Order 23 Rule 3 CPC he could not have filed this appeal against decree of compromise and any grievance with regard to such compromise can only be raised before the Court which recorded such compromise. Learned counsel for the respondents also submits that in view of provision of Sec. 96(3) CPC an appeal is barred as against the said decree recorded on compromise.