VASUDEVAMURTHY, J.

( 1 ) THIS revn. petn. is against the order of the Subordinate Judge, Chickmagalur in Mis. Appl. no. 4 of 1949-50, confirming the order of the Mansiff Chickmagalur dismissing I. A. No. 6 in O. S. No. 220 of 1947-48 on his file. Thit appln. was filed under Order 23, Rule 3, C. P. G. for recording a compromise said to have bean arrived at between the parties.

( 2 ) THE pltf. filed a suit for recovery of monies alleged to be due by the deft. The suit was contested; issues were framed and the case posted for trial The parties are then said to have referred their dispute in this pending an it to both their respective counsel for decision and the latter appear to have given a decision. The deft, (sic) thereupon made an appln. I. A. no. 5 for having that decision recorded as amounting to a compromise or settlement of the suit between the parties. The deft, op-posed the appln. Evidence was recorded thereon and the parties gave varying versions in the matter. The learned Muniff rightly found on the evidence of their counsel that the parties had unequivocally and unconditionally agreed to abide by their decision. But he held that he could not treat the decision as amount

Click Here to Read the rest of this document