BHAJA GOVINDA MAIKAP Vs. JANAKI DEI

JUDGEMENT

(1.) This application by defendants 1 and 2 is directed against the order dated 28-2-1979 by which the learned Subordinate Judge of Anandapur refused to record a compromise in Title Suit No. 8 of 1977 pending before him and directed parties to come ready for trial of the suit.

(2.) Title Suit No. 8 of 1977 was one for partition. Defendants filed their written statement denying plaintiffs' claim of a share in the property. On 18-11-77, plaintiffs entered into a compromise with defendants 1 and 2 as also defendant No. 8 (opposite party No. 3). It may be stated that the. remaining defendants were strainger-purchasers. On the very day a petition of compromise was filed asking the Court to record the same. According to the compromise, plaintiffs had no share in the property but defendants agreed to give them 5 decimals out of the disputed property and 97 decimals of land not being a part of the suit property. It was also stipulated that the third defendant would receive a sum of Rs. 1,000/- on the basis that he has no share in the property. The learned Subordinate Judge directed the plaintiffs to amend the plaint and incorporate the 97 decimals of land covered by the compromise petition in the hotchpot. As plaintiffs did not apply for amendment by the date fixed, on 19-1-1978, the learned Subordinate Judge rejected the petition of compromise. These petitioners came before this Court in Civil Revn. No. 98 of 1978, (reported in AIR 1980 Orissa 107). On 3-1-1979 this Court allowed the Civil Revision and held :-

(3.) Order 23, Rule 3 of the Civil P. C. provides :-