Code of Civil Procedure, 1908–Order 1, Rule 10–Rejection of application–Justification–Decree passed in the earlier suit based on compromise was declared null and void qua the rights of T and she was given the liberty to file a fresh suit for partition–She filed the instant suit without impleading C as the respondent party–In the earlier proceedings, it was the specific pleading of T that the property is ancestral and C & other LR’s. of B are in the possession of the property being the co-parceners–Present suit is nothing more than an attempt by T, in collusion with her siblings to nullify the effect of the order passed in the earlier suit–Petitioners are the LR’s. of C and they are definitely the essential and necessary parties to the present suit–Application deserves to be allowed.
