IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2161 of 2006 1. SAKALDEO SINGH son of late Abhilakh Singh, resident of village Karibana, Police Station Sursand, Post Office Bangraha, District Sitamarhi, 2. Mahendra Singh son of late Chaturi Singh, resident of village Madanpur, P.S. Parsauni, District Sitamarhi, ..Proposed Intervenors/Petitioners Versus 1. GAGANDEO SINGH son of late Bujhawan Singh, resident of village Karibana, Police Station Sursand, Post Office Bangraha, District Sitamarhi, at present residing at village Bairha Panchgachhia, Police Station Bathnaha, P.O. Ram Nagar, District Sitamarhi, …Plaintiff/Opposite Party Ist Set 2. Suryadeo Singh son of Bujhawan Singh, resident of village Karibana, Police Station Sursand, Post Office Bangraha, District Sitamarhi, at present residing at Bairha Panchgachhia, Police Station Bathnaha, P.O. Ram Nagar, District Sitamarhi, 3. Rajdeo Singh son of late Ram Dhyan Mahto, resident of village Karibana, Police Station Sursand, Post Office Bangraha, District Sitamarhi, …Proposed Intervenor/Opposite Party 3rd Set … Opposite Parties For the Petitioner: Mr. Prasoon Sinha, Advocate, For the O.P.No.1 :Mr. Surendra Kishore Thakur,Advocate ----------- 5 07.09.2009 Heard learned counsel for the petitioner and learned counsel for the plaintiff-opposite party Ist set. This civil revision is directed against the order dated 23.09.2006 passed by the Sub-Judge I, Sitamarhi, in Partition Suit No. 147 of 2005, whereby the applications filed by the petitioners as well as opposite party no. 3 under Order I Rule 10 of the Code of Civil Procedure for their addition as defendants in the Partition Suit has been 2 rejected. Learned counsel for the petitioners submitted that the petitioners claimed in the aforesaid application that they are the co-sharers of the suit property and the polaintiff and the defendants have joined hand in filing a collusive suit, wherein they would be entering into some compromise only to divest the petitioners from their share upon the property in the suit. However, the said petition has been rejected by the court below holding that the intervenors have got their lands partitioned at their paternal and maternal villages in the years 1974 and 1980, respectively. It was submitted on behalf of the petitioners that without framing any issue with regard to earlier partition and appreciating any evidence led on behalf of the parties the court below had come to the conclusion in a summary manner. Now during the pendency of the suit, the plaintiff and defendant have compromised the matter and the suit itself has been disposed of on the basis of compromise. However, the petitioners have been greatly prejudiced by the aforesaid observation made by the court below, which renders them in a remediless situation; as 3 such, the finding recorded in most casual and summary manner may also operate as res judicata in a subsequent suit. Learned counsel for the plaintiff-opposite party no. 1 submitted that since the suit itself stands disposed of, the civil revision has become infructuous. However, he very fairly concedes that the plaintiff would not have objection if it is held that the aforesaid finding of the court below passed in an interlocutory matter would not operates res judicata, if any remedial recourse is opted by the petitioners by filing a separate suit for setting aside the decree aforesaid. In view of the above, since Partition Suit No. 147 of 2005, admittedly, has been disposed of on the basis of the compromise in between the plaintiff and the defendant, this Civil Revision is dismissed as having become infructuous. However, it is made clear that the finding of the court concerned in paragraph 6 of the order dated 23.09.2006 under challenge holding that the intervenors have got their lands at their paternal and maternal villages partitioned in the years 1974 and 1980, respectively, has 4 been passed while deciding an interlocutory matter and the same, thus, would not operate as res judicata, if the petitioners choose to file suit for setting aside the aforesaid compromise decree. SC ( Dr. Ravi Ranjan, J.)