Judgment

S. C. AGRAWAL, JJ.

( 1 ). Heard learned counsel. Special leave granted.

( 2 ). This appeal arises out of a suit for partition filed by the appellants herein in the court of Sub-Judge, Purnea, in the year 1969. Gulabchand Sah, respondent 1 herein, was defendant 2 in the said suit, and after his death his legal representatives have been brought on record as respondents 1 (a) to (J)MOHAN Lal Sah, respondent 2 herein, was defendant 3 in that suit. On 25/04/1969, a compromise petition was filed on behalf of respondent 1 and appellant 1, but no orders were passed on it because the suit was being contested by the other defendants. No interest was, however, taken by respondent 1 in the said proceedings after filing the said compromise petition. An injunction was granted by the trial court in the suit whereby the defendants were restrained from making any construction on some of the plots. The said injunction was vacated by the appellate court insofar as respondent 2 was concerned and the appellants went in revision against the said order to the High Court. The said revision was dismissed by the High Court on 24/04/1973 on an agreement between the parties that respondent 2 will not m