IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3093 of 2008 SRIMATI NAGINA DEVI, wife of Late Babu Binda Lal, resident of village Dih Rampur, P.S. District Darbhanga, presently residing at village Bhupbhairo, P.S. Sitamarhi, District Sitamarhi Versus 1. BHAGWAN PRASAD 2. Narayan Prasad 3. Dr. Ramesh Prasad Srivastava Opposite party nos. 1 to 3, sons of Late Babu Jagnnath Prasad, resident of village Kamrauli, P.S. Piprahi, District Sheohar 4. Sita Devi, daughter of Late Jagnnath Prasad and wife of Nagendra Srivastava, resident of village Kahlani Campus, Mithanpura Lala, P.O. Ramana Mithanpura, Narayanpur, Road, P.S. Muzaffarpur, District Muzaffarpur 5. Shiva Srivastav, daughter of Late Jagnnath Prasad and wife of Vinay Chandra Srivastava, resident of 418, Cooperative Colony, Bokaro Steelcity, Jharkhand State 6. Madhu Verma, daughter of Late Jagnnath Prasad and wife of Upendra Nath Verma, resident of village Attardah, Muzaffarpur, District Muzaffarpur 7. Smt. Vaidehi Devi, daughter of Late Babu Binda Lal and wife of Babu Braj Mohan Prasad, resident of village Rajatoli, P.S. Darbhanga, District Darbhanga, presently residing at village Rajopatti, Muhalla- Urdu Tola (By the side of Madarsa) P.S. Mehsaul, District Sitamarhi 8. Harishankar Prasad, son of Late Kodai Lal, resident of village Madhopur Raushan @ Visa, P.O. Sitamarhi Court, P.S. Sitamarhi, District Sitamarhi ----------- 06/ 31.3.2009 It appears, this M.J.C. has been filed to set aside the compromise decree passed in the light of the orders of this Court dated 27.11.1997 in First Appeal No. 221 of 1979. It is submitted on behalf of the petitioner that he was neither served with the notice of the proceedings taken in the aforesaid First Appeal nor he is a party to the compromise petition on the basis of which order dated 27.11.1997 has been passed. Aforesaid submission petitioner would be well advised to establish by filing a suit in the court below. 2 This MJC is, accordingly, disposed of. Counsel for the opposite party is present. Arjun/ (V.N. Sinha, J.)