JUDGEMENT
VANDANA KASREKAR, J. -
(1.)The petitioners have filed this revision under Sec. 115 of Civil Procedure Code challenging the order dated 02.03.2015 passed by Ist Additional District Judge, Astha in Civil Suit No. RCS 2-A/2012.
(2.)Respondent no.1 had filed a civil suit for declaring the judgment and compromise decree dated 31.10.2008, as not binding on the plaintiff and consequential relief of injunction.
(3.)The petitioners/defendants no.11, 17 and 18 filed their written statement and also filed an application under Order 23, Rule 3 (a) of CPC, stating that the suit is not maintainable as the compromise decree cannot be challenged by way of separate suit. The Court below had framed the issues and decided the preliminary issue "whether the suit is maintainable" and "whether the court is having the jurisdiction to hear the suit". The learned court below had decided both the issues in favour of the respondents and close the right of the petitioners to file the written statement. Being aggrieved by that order, the petitioners have filed the present revision.
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