Whether a third party has to file suit for setting aside the suit for partition, which was compromised after preliminary decree, withdrawn by a compromise before Legal Services Authority, and court fee was refunded ?
( 1)A suit was filed for setting aside earlier expartee decree for playing fraud with forged documents making all legal heirs of the plaintiff in expartee decreed suit as parties..
2) Immediately after receiving legal notices and after coming to know of preparations for filing a suit by third party, those parties, partitioned the property after preliminary decree in their partition suit through a compromise before Legal Services Authority.and also withdrawn the partition suit, claimed refund of court fee
3), The parties have quoted the judgment / prelimary decree in compromise deed, partitioned and disposed property.
4) Whether plaintiff (Third party) who hads filed for setting it aside of the first expartee decree (Fraud/fored documents), has to specifically pray for setting aside the second partition suit also or can ignore such prayers as the original expartee suit decree cuts the main root, and as all subsequent transactions automatically treated as void as property was obtained through a void ab initio document in earlier suit by their ancestor.
