NON REPORTABLE

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. …..Respondents

O R D E R

1.  This 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.

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2. It 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.   

3. In 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

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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.   

4. We 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.   

5. For the reasons aforesaid, the appeal is allowed to

the extent indicated above.  There will be no order

as to costs.       

………………………J. [TARUN CHATTERJEE]

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………………………J.                 [AFTAB ALAM]

NEW DELHI

OCTOBER 01, 2008.

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