Ramaswami, J.

1. The question for decision in this case is whether the lower Courts committed any error of jurisdiction in refusing to record an alleged compromise under the provisions of Order 23, Rule 3, Civil P. C.

2. The plaintiff opposite party instituted a suit declaring his title and for recovery of possession of certain Sardari Jagir land alleging that the rule of primogeniture governed and that he being the eldest son was entitled to it in preference be the defendants who are his younger brothers. Defendant 1 contested the suit on the ground that the ordinary rule of succession applied and the land belonged in equal shares to the plaintiff and two defendants. Defendant 2, however, alleged that the land in dispute being Sardari Jagir belonged to the holder of the office of the Sardar and since defendant 2 was the Sardar, the land belonged to him. On 19th February 1948 the defendants filed a petition before the Subordinate Judge to the effect that the suit had been compromised and that it should be decreed in terms thereof. The lower Courts refused to record the compromise on the ground that there was no adjustment of the suit. Against this order the defendants have