A.U. Khan, Member (J) - (1.) THE facts are: on 16.6.1988 Affan and Gufran institute a lawsuit under Section 176 Z.A. and L.R. Act for partition of holding in the court of Assistant Collector, First Class, Azamgarh. The relief prayed for is as below. That share of plaintiff Affan is 25/58; the share of plaintiff Gufran is 25/58 and share of defendant Asia Begum is 4/29. The share of defendant Irfan and Ahsan in khasra No. 564 kha is only 1/2 - -which means only 0.36 karis. The suit is set for progress. And on 23.7.1988 a compromise is filed. On 29.11.1988 trial court passes an order of preliminary decree.
(2.) THE cause in process for preparation of final decree. Again a compromise settling the division through qurras comes on 30.12.1988. On 16.1.1989 trial judge passes an order of final decree. The qurras are allotted to each co -tenant in holding. Aggrieved by the orders an application in restoration by defendant Smt. Asia Begum on 24.7.1991. It is asserted she has filed no compromise. That her thumb impression has been forged; that order of preliminary decree as well as final is based on massive fraud. An affidavit in support is enclosed. The relief to set aside the orders dated 16.1.1989 and 29.11.1988 is prayed for.
(3.) PLAINTIFF Affan files an objection on 4.12.1991 saying compromise is result or candid wish to settle division of holding and there has been no whisper of any fraud. Also an affidavit in support of various allegations. A separate objection by plaintiff Gufran on 14.6.1994. He too files an affidavit; the contents are on identical lines. On 22.9.1994 trial court grants restoration. The orders of final and preliminary decree are rescinded.;