FOSA Vs. MOJA

JUDGEMENT

(1.) HEARD the Learned Counsel for the Defendant -Appellants.

(2.) PERUSED the record including the record of the trial Court.

(3.) THE trial Court vide its order dated 9 -12 -1989 directed for issuing the summons fixing 14 -2 -1990 for framing of issues indicating that one week before the said date written statement be filed. Although 14 -2 -1990 had been fixed by the trial Court, on 3 -1 -1990 the Plaintiff and the Defendants Nos. 1 and 2, the present Appellants, moved an application under Order 23 Rule 3, Code of Civil Procedure wherein the Defendants Nos. 1 and 2 admitted the claim of the Plaintiff. It was also stated that the suit had been adjusted and the parties have arrived at compromise and effected a partition of the agricultural holdings separating the share of the Plaintiff since there was no contest between the Plaintiffs and the Defendant No. 3, the State, so far as the title of the Plaintiff on the land in dispute was concerned, the suit of the Plaintiff against the Defendant No. 3 may be dismissed.