KUNJLAL Vs. NATHMAL

JUDGEMENT

(1.) THE Plaintiff -Appellants brought an action to recover Rs. 4171 together with interest thereon lent by them to the Defendant -Respondent. Before the Defendant could be served with a summons to appear and answer the claim, the Plaintiffs Mukhtar -Am presented an application on their behalf, saying that the claim had been settled between the parties; that the Plaintiffs had received their full amount from the Defendant and that, therefore, the suit be dismissed. Thereupon the learned Civil Judge First Class Shivpuri made an order dismissing the Plaintiffs' suit in the following terms:

(2.) WE have heard Mr. Bhagwandas Gupta learned Counsel for the Appellants. In our opinion this appeal must be dismissed on the short ground that the order passed by the learned Judge dismissing the Plaintiffs' suit is not an order recording or refusing to record an agreement, compromise or satisfaction and does not fall within Order 23 Rule 3.

(3.) THE facts out of which this appeal arises are that the Plaintiff Appellant filed a suit for the recovery of a certain sum of money. But before the summons were issued to the Defendant the Plaintiffs' Mukhtar -Am filed an application that the suit may be dismissed because the Defendant has paid the amount.