Laxmi Narain Mittal, J. - (1.) DEFENDANTS No. 1, 2 and 4 have filed the instant revision petition under Article 227 of the Constitution of India assailing order dated 05.01.2012 (Annexure P -9) passed by learned Additional Civil Judge (Senior Division), Jalandhar, thereby dismissing petitioners' application (Annexure P -8) under Order 23 Rule 3 -A read with Section 151 of the Code of Civil Procedure (in short - CPC) for setting aside compromise dated 23.08.2001 (Annexure P -4) and consequent compromise decree dated 27.08.2001. Ancillary relief was also sought. Respondent No. 1 - plaintiff filed suit against petitioners and Jasbeer Kaur alias Rajwinder Kaur - respondent No. 2 herein for specific performance of the agreement to sell. In the said suit, parties effected compromise (Annexure P -4) dated 23.08.2001. Pursuant to compromise, the suit was decreed vide judgment and decree dated 27.08.2001 in terms of compromise.
(2.) PETITIONERS herein filed Civil Suit to challenge the aforesaid compromise decree. However, since separate suit was not maintainable in view of Order 23 Rule 3 -A CPC, the petitioners withdrew the suit with liberty to file application to challenge the compromise judgment and decree and accordingly, the petitioners moved application (Annexure P -8) for setting aside the compromise judgment and decree dated 27.08.2001 along with compromise dated 23.08.2001 (Annexure P -4). The main thrust of the petitioners in the application was that the compromise was result of fraud, misrepresentation, coercion and undue influence. Allegations mainly were against Mr. Ashok Kumar Sabharwal, Advocate. The application was resisted by respondent No. 1 -plaintiff denying the averments of the petitioners. Various other pleas were also raised.
(3.) LEARNED trial court, vide detailed impugned order dated 05.01.2012 (Annexure P -9), dismissed the petitioners' application. Feeling aggrieved, petitioners have filed the instant revision petition.;