( 1 ) THIS is an application for recording certain terms of settlement arrived at between the plff. and deft. 1, on 22-7-1950, settling this suit as between them, on certain terms. The terms are contained in a document in writing signed by both the plff. and deft. 1.

( 2 ) THIS suit was filed on or about 6-7-1950, for a declaration that the business mentioned in the plaint was a partnership business, for a declaration that the Yugoslavia Cement business and sole agency were partnership business, and/or carried on for the benefit of the partnership, for a declaration that the business carried on by the limited companies mentioned in the plaint were also partnership business and/or carried on for the benefit of the partnership, for dissolution of the partnership, accounts, injunction and for other reliefs.

( 3 ) IT appears that some time in May 1950, the deft. 1 instituted criminal proceedings against the plff. before the Additional Chief Presidency Magistrate, Calcutta, under Section 420, Penal Code. The complaint was made on the ground that deft. 1 had paid the plff. a sum of Rs. 50,000/- by cheque, against a cheque issued, by the plff. for the identical sum of Rs. 50,