Sarjoo Prasad, J.

1. This is an appeal by the plaintiffs against a decision of Mr. Radha Prasad Singh, Subordinate Judge of Arrah, dated 28th July 1948. This appeal raises an interesting question of law as to the recording of a compromise under Order 23 Rule 3, Civil P. C.

2. To lead up to the points for discussion, I may indicate the essential facts. On 8th November 1945, a plaint was presented before the Munsif, Third Court, Arrah, which was registered as Title Suit No. 182 of 1946. In the said suit, the Court directed issue of summonses on the defendants which were duly served, and defendant 1 filed his written statement on 21st February 1946. The issues in the suit were settled in March 1946, and 22nd August 1946 was the date fixed for hearing. The case was, however, adjourned on that date for 16th January 1947. In the meanntime on 28th October 1946, a petition of compromise was filed, and the plaintiffs applied that the compromise should be recorded. This petition along with the compromise filed in the case was ordered to be put up in the presence of the parties on the date fixed for hearing. The petition of compromise is dated 3rd September 1946 and purports to be bet