MISRIMAL Vs. HAZARIMAL

JUDGEMENT

(1.) THIS is an application in revision by the defendant Misrimal against an order of remand passed by the District Judge, Balotra, dated 13th January, 1954 in a suit for partition.

(2.) THE material facts are these. THE plaintiff Hazarimal filed a suit for partition of a house claiming half share thereof, in the court of the Hakim Jaswantpura on 8th January, 1942. THE cause was thereafter transferred to the court of Munsif, Bhinmal, who passed a preliminary decree on the 13th January, 1950. THE defendant went in appeal from that decree right up to this Court but was unsuccessful. Meanwhile the Munsif had appointed Commissioner for effecting the partition by metes and bounds on 21st March, 1950, but nothing material was done. On 31st October, 1952, the parties referred their dispute to the arbitration of some four persons and even then no progress was made until on 27th July, 1953, both parties presented a compromise in court and prayed for a decree in terms of the compromise. On the 28th July, 1953, the trial court accordingly passed a decree in terms of the compromise, but the matter was not allowed to rest there. THE defendant again went in appeal to the District Judge on various grounds; the most important of which was that the trial court had fallen into error in passing a decree in terms of the compromise even though it contained matter which was extraneous to the suit. THE plaintiff followed by filing a cross-objection. THE learned District Judg3 by his order which is now sought to be challenged allowed both the appeal and the cross-objection, set aside the compromise decree passed by the trial court and sent the case back to it for being deal with according to law. Hence this revision.