DEORAO Vs. DEVKINANDAN BHOJAJ CHANDAK

JUDGEMENT

(1.) Since a common question of law is involved inboth these Revision Application. They are being disposed of by on judgment. The facts leading to these revision applications, stated briefly, are as follows.

(2.) Devkinandan Bhojarj, non-applicant in Civil Revision Appllcation No. 305 of 1980, had filed a suit against Deoarao Patilbuwa Raut who is applicant in both Civil Suit No. 276 of 1978 in the Court of the Civil Judge, Junior division at Malkapur for recovering an amount of Rs. 10,150/- Defendant Deorao apperared in that suit through a counsel. On 17-10-1979, the Counsel for the plaintiff and the counsel for the defendant in the suit filed an application for recording a compromise as stated in the sadi application and for drawing up a decree accrodingly. Both the couonsel stated below their signatures that they had authority to compromise. The learned Civil Judge allowed the application and passed a decree in terms of the compromise. Being aggrieved by this decree. Defendatn Fdeorao preferred an appeal in the District Court at Buldana being Civil Appeal No. 255 of 1979.

(3.) Bhagwandas, non-applicant in Civil Revision Application No. 306 of 1980, had also institued a suit against applicant Deorao being Regular Civil Suit No. 277 of 1978 in the Court of Civil Judge Junior Divisionat Malkapur for recovering an amount of Rs. 8, 300/- Deorao appeared through a counsel. As in the other suit so inthis suit also, on 17-10-1979, bothe the couonsel filed an application for recording a compromise and passing a decree accordingly. This application appears to have been signed by plaintiff Bhagwnadas himself, while it was isgned by the Couonsel for defendant Deorao. By his order passed by the learned Civil Judge onl the application of the same day, he accepted the compromise and directed a decree to be dtawn accoridingly. Being affrieved by this decree, accordingly. Being aggrieved by this decree, defendant Deorao preferred an appeal in the District Court at Buldana being Civil Apperal No. 254 of 1979.