SANTOSH KUMAR RASTOGI Vs. SUNIL KUMAR RASTOGI
LAWS(PAT)-2022-8-113
HIGH COURT OF PATNA
Decided on August 25,2022

Santosh Kumar Rastogi Appellant
VERSUS
Sunil Kumar Rastogi Respondents




JUDGEMENT

- (1.)Heard learned Counsel for the parties concerned.
(2.)The petitioner has filed the present application for setting aside the order, dtd. 21/12/2017, passed, in Title Suit No. 415 of 2011, by learned Sub Judge, Ballia, Begusarai, by which the petition, dtd. 16/2/2017, filed by the petitioner-plaintiff, under Order XXIII Rule 1 (3) read with Sec. 151 of the C.P.C., for withdrawal of the suit with liberty to file miscellaneous case, has been rejected.
(3.)The contention of the petitioner is that preliminary compromise decrees were passed in Title Suit No. 24 of 1994 and Title Suit No. 222 of 2003, by learned Sub Judge-I and Sub Judge-II, Begusarai, respectively, on the ground that the aforesaid decrees were passed without notice and on the basis of forged signature of the minors and others.


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