Code of Civil Procedure, 1908–Order 23, Rule 3A–Decree passed on the basis of compromise–Suit against–Maintainability–Appellant claimed his right, title and interest over the property by way of sale deed dated 06.01.1984–On the day of execution of sale deed, property was the subject of the first
appeal in the suit for partition–Compromise decree was passed in the second appeal on 15.09.1994 and appellant was not the party thereof–Decree passed in second appeal would relate back to the date of institution of the suit between the parties thereto–Appellant could have filed a suit for protection of his rights, title or interest devolved on the basis of sale deed–He was not having the cause of action to challenge the compromise decree by way of a substantive suit–Held, it was rightly dismissed.
