Venkataramana Rao, J.

1. This is a Civil Miscellaneous Appeal against an order refusing to make the appellant a party defendant to the suit, O.S. No. 56 of 1930, on the file of the Subordinate Judge of Devakotta. There is another connected C.M.A. No. 313 of 1934 refusing to record a compromise alleged to have been entered into between the parties to the said suit and also the appellant. There is another C.R.P. No. 1061 of 1934, arising out of the same matter permitting withdrawal of the suit by the plaintiff. These matters have been dealt with by no less than three Subordinate Judges and have come up to the High Court in some form or other and were dealt with by no less than five learned Judges of this Court. The result has been that some of the orders are not reconcilable one with the other, and when the matters came up for final disposal it caused not a little embarrassment to the trial Judge so as to prevent him from having a correct approach to the several questions presented to him for decision. Before dealing with the contentions advanced on either side by the learned counsel it is necessary to advert briefly to the history of this litigation. There were four brothers