There was a compromise between the parties at that stage and a compromise preliminary decree was passed in the second appeal ... compromise preliminary decree was passed and in pursuance of that preliminary decree, the trial Court passed the final decree also. The preliminary decree was passed
passing a decree on a compromise in a representative suit, any person who is affected by such compromise decree, but not a party ... suit for partition which ended in a compromise can neither file suit to set aside the compromise decree, having regard to the bar contained
instance of stranger to set aside a compromise decree or ex parte decree if the said compromise decree or ex parte decree has been obtained ... only appeared in the Court but had filed a compromise. If the compromise decree was collusive or fraudulent, it could be set aside
line in terms of the said compromise petition.
Alternatively, the contention of the defendants was that the compromise decree could only be enforced by execution ... instituted by the plaintiff they relied upon this compromise petition and the compromise decree passed in the Title Suit of 1916, as it appears from
with the correctness of the compromise permitted the parties to enter into the compromise and that a compromise decree was drawn accordingly. In pursuance ... matter is being ended in a compromise. That a suit to set aside such a compromise decree itself is not maintainable. In that view
properties according to the decree, dated 7th August, 1959, treating it as a preliminary decree and praying for a final decree. The plaintiff and defendants ... terms of the decree itself.
6. The fact that the decree in this case is on compromise will not, in my opinion, affect the position
terms of the compromise was passed by the appellate court on
10. 5 .1965. The relevant terms of the compromise decree are
as follows ... appropriate action
in a Court of law."
Pursuant to the compromise decree the Bhowals handed over
possession of an area
decree
in favour of the plaintiff against the defendant be
passed........." Accordingly a consent decree was passed.
According to the appellants, under this compromise ... lands under the compromise decree, that decree was
not executed. The respondent had not been dispossessed under
the compromise decree. The remedy of the appellant
parties who entered into the compromise
as could be gathered from the compromise petition as well as
the compromise decree. It is necessary to note ... terms and conditions as stated above.
The compromise and the compromise decree speak, so to say,
in two voices. If we had been merely left
claim was resisted by the tenant; but ultimately a compromise decree was obtained by the parties. By reason of the compromise decree the defendant ... this period the landlord sought to execute the compromise decree and claimed possession by execution process.
The defendant resisted this claim on the ground that
