Bissa & Ors. Vs.
Board of Revenue for Rajasthan & Ors.  INSC 1675 (1 October 2008)
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4622 OF 2002 Bissa &
Ors. ....Appellants VERSUS The Board of Revenue for Rajasthan & Ors.
is an appeal against the Judgment and final order dated 12th of July, 2001
passed by the High Court of Judicature of Rajasthan at Jaipur Bench, Jaipur,
whereby the Division Bench of the High Court had dismissed the appeal filed by
the appellants and confirmed the Judgment and order dated 24th of April, 2001
passed by a learned Single Judge of the High Court in S.B. Civil Writ Petition
No. 2328 of 1994 filed by the appellants.
appears that a compromise decree was sought to be set aside at the instance of
one Mst. Bisso, who was totally a stranger in the said compromise decree.
Before us, the learned counsel for the appellants challenged the order of the
Division Bench of the High Court as well as of the learned Single Judge on
two-fold grounds. First, Mst. Bisso, being a stranger to the compromise decree,
had no right to file an application for review of the Judgment passed by the
Court in compromise.
Secondly, the said
review application was filed by Mst. Bisso after about 13 years from the date
of passing the compromise decree. Without going into the details, we intend to
dispose of this appeal on a very short question.
the order passed by the Division Bench as well as the learned Single Judge, the
aforesaid two aspects argued by the learned counsel for the appellants had not
at all been considered, to which, the learned counsel for the respondent also
could 2 not satisfy us. However, without going into these questions, we set
aside the order of the Division Bench of the High Court as well as of the
learned Single Judge for the purpose of requesting the High Court to reconsider
the application for review filed at the instance of Mst. Bisso, respondent No.
1 in accordance with law after giving hearing to the parties and after passing
a reasoned order within four months from the date of supply of a copy of this
order to it.
make it clear that we have not gone into the merits of the submissions made by
the learned counsel for the appellants which shall be decided by the High Court
in accordance with law and in the light of the observations made hereinabove.
the reasons aforesaid, the appeal is allowed to the extent indicated above.
There will be no order as to costs.
...........................J. [AFTAB ALAM]
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