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Chandmal th. LR’s. vs. Smt. Tara Devi & Ors.

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Code of Civil Procedure, 1908–Secs. 151 & 115–Suit for cancellation of compromise decree was converted into an application u/s. 151–Revision against the order–Maintainability–If the suit would not have been converted into an application u/s. 151, then the Court definitely would have proceeded with the suit proceedings and would have decided the same finally–Bare perusal of the impugned judgment shows that a declaration to the effect of the compromise decree dated 28.08.1989 being void/ineffective qua the rights and interest of the plaintiff has been made–It amounts to a decree of declaration, though no formal decree has not been passed by the Court below–Revision is not maintainable–Revision is converted into the regular first appeal at the request of the petitioner.