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1959 Supreme(Pat) 14

V.RAMASWAMI, KANHAIYA SINGH
Bansidhar Estate Collieries And Industries Ltd. – Appellant
Versus
State Of Bihar – Respondent


Judgment

Kanhaiya Singh, J.

1. These five consolidated miscellaneous appeals. arise out of the judgment and order of the Subordinate Judge, Hazaribagh, dated 3rd October, 1958, by which he dismissed the applications made by the appellants in five title suits under Order 23, Rule 3, Code of Civil Procedure, to record a compromise alleged to have been reached lawfully between the parties.

2. This is a second attempt by the appellants to obtain from the Court an order recording the alleged compromise.

3. These cases have a checkered career and afford a flagrant example how the otherwise salutary provisions of law, designed to promote justice, may be misused by the litigants, if they so will, to obstruct the course of justice and to prevent the speedy termination of the litigations. It is most unfortunate that the connected title suits instituted as far back as 1948 have not yet been disposed of.

It will be necessary to state here briefly the background of these applications under Order 23, Rule 3, to record the compromise. A batch of 246 title suits were instituted by different plaintiffs against the State of Bihar and others in 1948. In spite of the best efforts of the Court these cas














































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