1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: O R D E R :: DATE OF ORDER :: 17-04-2008 S.B. CIVIL FIRST APPEAL NO.704/2006 MAHA SINGH Vs. LRS. OF SMT. DHAN KAUR & ANR. HON'BLE DR. JUSTICE VINEET KOTHARI Mr.H.K.Jain, for the appellant. Mr.R.K.Singhal for the respondent. ***** Heard learned counsel for the parties. Learned counsel for the respondent fairly submits that since the present appellant Maha Singh was not a party to be compromise he could challenge the compromise decision by way of civil suit filed in the trial court and the trial court has erred in rejecting the said suit in Rule 23 (3) (A) CPC. Learned counsel for the appellant does not object to this position and accordingly prays that suit to be remitted back to the trial court for trial in accordance with law. 2 Accordingly, this appeal is allowed and the impugned order dated 18.11.2006 rejecting the suit under Order 7 Rule 11 CPC is set aside and the suit is remitted back to the learned trial court for trial afresh in accordance with law. It is expected that trial shall be expedited. No orders as to costs. [DR.VINEET KOTHARI],J. Mamta item No.44