Sir John Edge :-

This is an appeal from a decree, dated the 21st August, 1919, of the High Court at Patna which, adversely to the plaintiffs, varied a decree, dated the 5th December, 1917, of the Subordinate Judge of Dhanbad. The respondent to the appeal who has appear ed in support of the decree of the High Court is Heramba Nath Bandopadhaya, who will be hereafter referred to as defend ant 1. The other respondents are pro forma respondents and have not appeared to support the decree of the High Court.

The litigation was between persons who were interested in the Ranidih Col liery and land in Mouza Ranidih. The suit in which these appeals have arisen is in effect a suit to enforce the terms of a compromise entered into in suit No. 106 of 1912 in the Court of the Subordinate Judge of Purulia, who had on the 30th August, 1913, made a decree upon that compromise. That Suit No. 106 of 1912, was brought by defendant I upon a mortgage of the 24th August, 1908, to obtain a decree for sale.

At the date when the compromise was entered into there were three suits pend ing between the parties besides suit No. 106 of 1912. The other suits were suit No. 300 of 1911, suit No. 345 of 1911 and suit N