R.K.Choudhary, J.

1. Miscellaneous Appeal No. 251 of 1955 has been presented by one of the judgment-debtors, namely, Bindeshwari Pd. Chaudhary, against an order of the Subordinate Judge, Darbhanga, setting aside the order dated the 30th of July, 1953, recording a compromise. Civil Revision No. 998 of 1955 has been filed by the same judgment-debtor against the same order by way of precaution. Both of them have been heard together and this judgment will govern them both.

2. The events leading to the presentation of the appeal and the civil revision application, stated shortly, are these. One Lachmi Narain Ojha obtained a decree for mesne profits in Title Partition Suit No. 218 of 1912 against some of the defendants first party of that suit including the appellant and his uncle Ramashray Pd. Chaudhary. A Pleader Commissioner was appointed for determination of the mesne profits, and ultimately a decree was passed for a sum of Rs. 38320 against the appellant and his uncle.

The decree for mesne profits, however, was in the year, 1944, purchased by one Bhola Singh for a sum of Rs. 9000, and he was substituted in place of the original plaintiff Lachmi Narain Ojha. Subsequently, Bho