King, J.

1. This appeal arises out of a suit originally brought as O.S. No. 203 of 1938 in the Court of the learned Subordinate Judge of Devakottah. It was renumbered as O.S. No. 26 of 1940 and disposed of by the learned Subordinate Judge of Ramnad. The suit was by two brothers in a Nattukottai Chetti family and was brought for a declaration that a compromise decree passed in 1939 was not binding on them. That decree was passed in a suit originally filed in 1924 by the two plaintiffs and their father. That suit was based upon an agreement of 1921 by the father of the plaintiffs with the other members of the family and the object of the suit was to set aside that agreement as having been extorted from the father of the present plaintiffs in circumstances which would make it not legally binding upon him. In the suit of 1924 the present plaintiffs who were then minors were at first represented by their mother as next friend, but it is clear that they and their father jointly filed a single plaint and were represented by a single legal adviser. While the suit was pending, the plaintiffs father entered into a compromise with the defendants. On 6th November 1929, orders were passe