ORDER

This petitioner is against an order dismissing the application under Order 1, Rule 10, CPC filed by the petitioners to come on record in place of their father. The suit was laid for specific performance wherein the father during his life time is alleged to have entered into compromise and requested to delete his name from the arraignment of the parties as respondent No. 1. The deletion of the first respondent came to be made after his demise. Pending suit before compromise memo was recorded, the petitioners sought to come on record under Order 1, Rule 10 being that they were necessary and proper parties. The trial Court recorded the finding that deletion had taken place and observed as under :

"At present I am not giving any finding with respect of Ext-6 and compromise petition in the light of an objections raised by petitioners in their other two petitions. Simply I have stated the facts which are available on record. If these petitioners are made parties in the suit as prayed then dispute will arise between petitioners and plaintiff No. 1 with respect of compromise and Ext- 6. Its result will be that there will be dispute between the co-plaintiffs with respect of their righ