GURDIAL SINGH Vs. HARBANS SINGH LAND ORS.

JUDGEMENT

(1.) THE facts of the case out of which this appeal has arisen are given in our order of 3 -10 -52 whereby we referred to the Full Bench the question whether the appeal was properly instituted in this Court. the Pull Bench, has answered the question in the affirmative and sent back the case to us for disposal on merits.

(2.) IT may briefly be reiterated that the suit land was sold by the Plaintiff's father for Rs. 6000/ - ankle on the suit by the Plaintiff a decree was granted to him on payment of that amount. When the appeal was pending in the Court of the District. Judge Kalsia an application was made by the parties Under Order 32 Rule 7 for permission to. compromise. This application was signed by the mother and next friend of the Plaintiff who was minor and the vendee. The application was adjourned to 31 -5 -50, for consideration. In the mean while because of the exchange of enclaves the Court of District Judge Kalsia ceased to exist and the appeal was transferred first to the Court of the District Judge Pratapgarh at Bassi and then to the District Judge Patiala. The application for permission to compromise was finally heard by the latter District Judge and he refused to accord permission to compromise on the ground that the next friend of the minor had gone back upon it.

(3.) LEARNED Counsel for the Appellant relied upon Hemangini Dasi v. Bhagwati Sundari Dasi', : AIR 1923 Cal 685 (D). The facts of the case are as follows: