945 of 2002 which was allowed by the impugned judgment, and hence this appeal.
945 of 2002.
Subsequently, on 29.8.1996, a petition purporting to be on behalf of Pushpa Biswas and Apurva Kumar Biswas was filed through the attorney Dr. Sanjeev Kumar Mishra under Section 151 CPC being Miscellaneous Case No.
13/16 of 1996 praying for recalling the order dated 31.7.1996 passed in terms of the companypromise on the allegation that the signatures on the companypromise were forged.
Against that order dated 7.6.2002, the respondents herein filed a Civil Revision being Civil Revision No.
The terms and companyditions giving the powers to the attorneys were specifically set out in the Power of Attorney itself.
On 7.6.2002, the learned Subordinate Judge V, Bhagalpur held that Miscellaneous Petition filed at the instance of only one of the attorneys was number maintainable, as according to the terms of the power of attorney both the companystituted attorneys were entrusted to act jointly.
Hence it companyld number have been validly interfered with in Civil Revision by the High Court.
While the aforesaid partition suit was pending, the defendants Smt.
Pushpa Biswas and Apurva Kumar Biswas executed a General Power of Attorney on 31.7.1992 in favour of Umesh Chandra and Dr. Sanjeev Kumar Mishra and the same was registered.
In the order dated 7.6.2002 in Misc.
Hence, he dismissed the Miscellaneous Case filed by Dr. Sanjeev Kumar Mishra.
186 of 1984 by one Nrisingha Prasad Biswas and his four sons who are the appellants herein was filed against the respondents herein before the Subordinate Judge V, Bhagalpur for partition of certain properties.
On 31.7.1996, on receiving the report of the Sheristedar dated 30.7.1996, the Subordinate Judge V, Bhagalpur approved the terms of the companypromise and directed that a decree be passed in terms of the companypromise.
The facts have been stated in the impugned judgment and we are number repeating the same except where necessary.
It appears that a Title Suit No.
On 30.7.1996, the parties to the suit including Pushpa Biswas and Apurva Kumar Biswas filed a companypromise petition which was forwarded to the Sheristedar for scrutiny and report.
Case No.
Markandey Katju, J. This appeal has been filed against the impugned judgment and order dated 21.5.2004 passed by learned Single Judge of the Patna High Court in Civil revision No.
