R. C. PATNAIK, J.

( 1 ) TITLE Suit No. 30 of 1978 was filed in the court of the Subordinate Judge, Bhadrak, by opposite party No, 6 for partition. It was alleged in paragraph 6 of the plaint that in the property in suit, the plaintiff had 1/4 interest, the defendants 1 to 3 had 1/4, defendants 4 to 8 had 1/4 and defendants 9 to 12 had 1/4 interest. The plaintiff sought for a declaration of the shares of the different branches and for allotment of specific property. The suit was filed on 20-3-1978. On the next day i. e. on 21-4-78 (?) the defendants 1, 3, 9, 10 and 12 entered appearance. As despite service of notice defendants 4 to 8 and 11 did not appear, they were set ex parte. The case was adjourned to 11-5-1978 for filing of written statement by defendants 1 to 3, 9, 10 and 12. On 11-51978 the said defendants sought further adjournment and the case was adjourned to 4-7-1978. On that day a petition of compromise entered into by the plaintiff and defendants Nos. 1 to 3, 9, 10 and 12 was filed. Under the compromise specific properties were allotted to the parties representing the various branches including defendants 4 to 8 and 11. The compromise was both a preliminary and final d