Decided on April 22,2009

Indrajit Dutta Appellant
Baidhya Nath Banarjee Respondents


MD.ABDUL MATIN,J. - (1.) This petition for leave to appeal is directed against the judgment dated 10.09.2007 passed by the High Court Division in Civil Revision No. 2756 of 1995 discharging the Rule.
(2.) The facts, in short, are that the respondents as plaintiffs instituted title Suit No.141 of 1983 before the First Court of Munsif, Bangerhat which was renumbered as Title Suit No. 245 of 1990 in the court of 1st Additional Court of learned Assistant Judge, Bagerhat. In this suit the plaintiff prayed for declaration that the judgment and decree dated 13.04.1979 of passed on compromise in Title Suit No.340 of 1978 is fraudulent, collusive and not binding upon them. The plaintiffs case is that the said compromise decree was obtained in T.S. No. 340 of 1978 by suppressing of process and by false personation, without impleding them as party though they have right, title, interest in the suit property. They learnt about the said decree on 30.01.1983. Since they were not implicated as party in that suit the alleged compromise decree is not binding upon them and hence the suit.
(3.) The respondent as defendant No.1 appeared in the suit and contested the suit by filing written statement alleging, inter alia, that compromise decree is genuine and valid and same is not liable to be set aside that the plaintiffs have no locus standi to file this suit.;

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