( 1 ) O. S. 184/68 was a suit filed by the Revision petitioner for dissolution of a partnership and settlement of accounts. There were in all five defendants. They seemed to have filed a written statements. Issues were framed. Plaintiff was examined as P. W. 1.

( 2 ) IT is at this stage on 13-10-1969 the plaintiffs counsel represented to the Court that the plaintiff on the one hand and defendants 1, 3, 4 and 5 on the other have arrived at a compromise and that the plaintiff desires to give up his case as against the 2nd defendant.

( 3 ) I. A. No. 1007 of 1969 was filed by the plaintiff for recording the compromise between the parties excluding the 2nd defendant.

( 4 ) THE 2nd defendant filed I. A. No. 1025/69 under Order 1, Rule 10, C. P. C. requesting the court to transpose him as the 2nd plaintiff and transpose the plaintiff as the 6th defendant.

( 5 ) THERE was yet another application filed by the 1st defendant I. A. No. 1026 of 1969. He requested the Court to dismiss the suit according to the terms of the compromise and direct the 2nd defendant to institute a suit to enforce his right if any.

( 6 ) THE trial Court dismissed the 2nd defendants application i. e. , I