BHAJA GOVINDA MAIKAP Vs. JANAKI DEI

JUDGEMENT

(1.) This Civil Revision is directed against the order dated 19-1-78 passed by the Subordinate Judge, Anandapur in Title Suit No. 8 of 1977 rejecting the compromise petition which had been filed in that court.

(2.) From the order dated 4-1-78. just preceding the impugned order dated 19-11978, it appears that as some properties which were not the subject matter of the suit were included in the compromise petition the court observed that the said compromise petition could not be entertained unless the properties beyond the subject-matter of the suit were deleted therefrom or the plaint was suitably amended to include these properties. On making the said observation the suit was adjourned to 19-1-78. On 19-1-1978, apart from other things, the court rejected the compromise petition as the plaintiffs by then had not amended either the compromise petition or the plaint in accordance with the court's above-mentioned previous observation dated 4-1-78. This revision has been filed against the said decision of the court below.

(3.) As the suit was filed on 31-1-77, the amended provisions of Rule 3 of Order 23, C. P. C. do not apply to this case. So this matter shall be governed by the rule as it existed before the amendment of that rule by Central Act 104 of 1976 which came into force on and from 1-2-77.