TUMMAN SINGH Vs. SHEODARSHAN SINGH

JUDGEMENT

(1.) This is an appeal against an order of remand passed under Order 41, Rule 23, Civil P.C.

(2.) It appears that the plaintiffs who are the appellants in this Court instituted a suit for recovery of possession and mesne profits against the respondent who has not appeared to contest this appeal. At one stage of the trial on 19 December 1927, in the Court of first instance the parties agreed by statements made before the Court by their counsel, that they would abide by the statement of one Bhagwant Singh who was, accordingly, ordered to be summoned and the 9th January 1928 was fixed for recording his statement. The next day i.e., 20th December 1927, the defendant made an application to the Court stating that he had learnt that Bhagwant Singh was related to the plaintiffs and he would not like to be bound by Bhagwant Singh's statement. On 9 January 1928 the learned Munsif held some enquiry and came to the conclusion that the allegation that Bhagwant Singh was related to the plaintiffs was not true. The Court proceeded to take down the statement of Bhagwant; Singh and, ultimately passed a decree in the terms suggested by Bhagwant Singh as being the terms of a proper decree.

(3.) The defendant being dissatisfied appealed to the lower appellate Court and his appeal has been allowed. The learned Subordinate Judge held that it was open to the defendant respondent to resile from his agreement, namely, that he would abide by the statement of Bhagwan Singh. The Court directed that the case should be tried on the merits.