MAHABIR MAHTON Vs. CHANDESHWAR MAHTON

JUDGEMENT

(1.) This second appeal is by the defendants against the judgment of affirmance.

(2.) The instant appeal involves a short point for consideration; The point involved is whether the minor defendants could avoid the compromise decree by filing an application in the suit itself or the remedy to the minors was only by way of a regular suit.

(3.) In order to decide the point involved, only a few facts need be stated. The plaintiffs (Chandeshwar Mahton and Bindeshwari Mahton) filed a suit for declaration of their title and confirmation of their possession or in the alternative for recovery of possession, in case they were found out of possession, in respect of the properties described in schedule of the plaint. The suit was contested by the defendants. The parties adduced evidence and closed their evidence. Argument was heard on 3-8-1962, and the case was adjourned for further argument on 4-8-1962. On 4-8-1962 a compromise was recorded in the terms as agreed between the major parties and the suit was decreed in full subject to the payment of certain amount by the plaintiffs in favour of the defendants by a certain fixed date. After compromise was recorded, on the same date, a petition was filed on behalf of the defendants to recall the order recording the compromise. The order was recalled on the same day and the case was adjourned to 6-8-62. As against the order recalling the earlier order recording the compromise, the plaintiffs preferred an appeal. The matter came up to this court in Civil Revision No. 1140 of 1962. This court set aside the order under revision and sent the case back to the trial court for a fresh consideration of the application filed by the defendants with certain directions. It observed as follows :-