V.K. Sharma, J. - (1.) THIS revision petition has been filed against the order passed by the learned Additional Civil Judge (Senior Division), Rewari dismissing the application moved by the petitioners herein for dismissal of the suit filed on behalf of the plaintiff -respondents.
(2.) IT was claimed in the application that the suit filed by the plaintiff -respondents was barred under Order 23 Rule 3 -A of the Code of Civil Procedure (for short the Code). The plaintiff -respondents filed a suit challenging compromise decrees dated 4.8.1987 claiming the said decrees to be illegal, null and void and not binding on the rights of the plaintiffs. The application was opposed on the plea that bar under Order 23 Rule 3 -A was not applicable to the facts of the present case.
(3.) THE learned trial Court interpreted the provisions of Order 23 Rule 3 -A and came to the conclusion that the word 'not lawful' contained in Rule 3 -A is required to be construed only after letting the parties to lead evidence and contest their case. The learned court by observing that the mother had no right to relinquish the rights of minor, came to the conclusion that as the decree was not challenged merely on the ground that compromise being not good, but also not on another ground i.e. competence of the mother to enter into compromise, the suit was competent.;