IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.52 of 2007 JAGDEO YADAV, SON OF LATE MAUJI YADAV, RESIDENT OF VILLAGE – KAHRA, WARD NO. 4, P.S. SAHARSA, DISTRICT – SAHARSA. …. (Plaintiff in the court below) …. Petitioner/petitioner. Versus 1. SIYA RAM YADAV, SON OF LATE MOTI MANDAL 2. LAKHAN YADAV, SON OF LATE MANNA YADAV 3. KAILER YADAV, SON OF LATE CHUTER YADAV 4. SARYUG YADAV, SON OF LATE GHUTER YADAV ALL ARE RESIDENT OF VILLAGE – KAHRA, WARD NO. 4, P.S. – SAHARSA, DISTRICT – SAHARSA. 5. MURLI YADAV, SON OF ARJUN YADAV 6. SOHAN YADAV, SON OF LATE LAXMI YADAV 7. MADAN YADAV, SON OF MAINU YADAV 8. KUNDAN YADAV, SON OF MAINU YADAV 9. RAGHU YADAV, SON OF MAINU YADAV 10. SANJAY YADAV, SON OF MAINU YADAV ALL (5 TO 10) ARE RESIDENT OF VILLAGE – KAHRA, WARD NO. 13, P.S. SAHARSA, DISTRICT – SAHARSA. 11. BABUJI YADAV, SON OF LATE KANAHAI YADAV, RESIDENT OF VILLAGE – KAHRA, WARD NO. 4, P.S. – SAHARSA, DISTRICT – SAHARSA. ----------- 06/ 23.06.2010 Heard counsel for the petitioner. The name of counsel appearing for opposite parties-respondents is appearing in the cause list, but no one appears on their behalf. This review application has been filed by the petitioner for reviewing the order dated 16.1.2007 passed in Civil Revision No. 1026 of 2006. By this order a compromise petition filed by the defendant 1st set and 2nd set as well as plaintiff was held to be binding only on the parties to the compromise, if any, order is passed. Counsel appearing for the petitioner submits that - 2 - since the suit was filed by the plaintiff and the plaintiff has already entered into a compromise with defendant 1st set and 2nd set. At the instance of intervener-defendant, the suit cannot be directed to be continued. In case the intervener- defendant has any cause of action, he has other remedies for that. The plaintiff cannot be persuaded to contest the suit, which he has already compromised with the defendants of the suit. I find merit in the submission made by the review petitioner, as such part of the last line of the order, where it is mentioned that the compromise petition has been filed by the defendant 1st set and 2nd set as well as plaintiff only to the parties of the compromise if order is reduced to compromise petition. The suit filed by the plaintiff be decided on the basis of compromise and it will be binding on all parties to the compromise. This application is allowed. DKS/ (Mridula Mishra, J.)