The court has discretion to grant or refuse leave to an assignee to continue proceedings under Order 22, Rule 10, Code of Civil Procedure, and this discretion should be exercised judicially.

1. The facts which have given rise to this appeal may be stated in a nutshell. Arjan Singh and his brother Surjan Singh were owners in possession of land, the particulars of which are con tained in the judgment of the Court of first instance. After consolidation in village Mehargarh Batti Estate, 322 tehsil Patiala, khasra Nos. 92 and 99 measuring 50 bighas and 4 biswas were allotted in village Mehargarh Batti and the share of Arjan Singh, plaintiff, in this land was one-half, the other half being the share of Surjan Singh, his brother, Similarly, Arjan Singh, plaintiff, and his brother Surjan Singh owned land in equal shares measuring about 110 bighas and I biswa situated in village Karanpur Estate 323, tehsil Patiala. After consolidation of holdings, in lieu of this land, khasra Nos. 46, 2, 37 and 63 were allotted in village Karanpur.

2. Arjan Singh, plaintiffs case as alleged is that his brother Surjan Singh died issueless sometime in 1999 Bk. without leaving any other heir except the plaintiff, who came to occupy his brothers share as well immediately after the tatters death. He has thus been enjoying the property in dispute without any interruption or interference for the last 20 years or so, with the result that his possession over this property has matured into title on account of adverse possession for the full statutory period,

3. Shrimati Sukhdev Kaur alias Khazan Kaur, the defendant in the suit, according to the plaintiff, is living with one Bhag Singh in Mohalla Arna Barna, Patiala, as his wife, though she claims to be the widow of Surjan Singh, deceased brother of the plaintiff. On her application, the revenue authorities mutated in her name the property in suit to the extent of half share of Surjan Singh, deceased.

4. The plaintiff in the present suit denied the status of Shrimati Sukhdev Kaur as widow of Surjan Sfngh and in the alternative also pleaded that if Shrimati Sukhdev Kaur is proved to be Surjan Singhs widow, even then she is not entitled to Surjan Singhs share, because the plaintiffs adverse possession for over 12 years has matured into valid title. It is further pleaded that in certain proceedings under Section 447, 468 and 380 of the Indian Penal Code between the parties to the suit, the defendant actually admitted the adverse possession of the plaintiff over the property in suit. This admission was also pleaded to be binding on the defendant. It is on these allegations that the plaintiff claimed a declaration that he is the full-fledged owner of the property in dispute, half of which belongs to him in his own right and the other half on account of adverse possession for the full statutory period.

5. Shrimati Sukhdev Kaur, defendant, denied the adverse possession of the plaintiff and also alleged that she had never admitted his adverse possession as pleaded in any litigation inter partes. Claiming herself to be the widow of Surjan Singh, she asserted her right to succeed to the property of her late husband.

6. On the pleadings of the parties, the following issues were settled:-

(1) Whether the plaintiffs possession over the land in dispute has become adverse, and

(2) whether issue of adverse possession has already been decided by a Civil Court between the parties and that decision is res judicata in the Case?

The trial Court decided issue No. 1 against the plaintiff and issue No. 2 against the defendant. As a result of the decision on issue No. 1, the plaintiffs suit was dismissed with costs on 26th June, 1959. Arjan Singh filed an appeal in the Court of District Judge, Patiala, which was disposed of as a result of a compromise between the parties on 17-11-1959. By means of this compromise the plaintiff was granted a decree for declaration to the effect that he is the owner and in possession of the land in dispute, but he was directed by means of the decree to pay Rs. 5,000/- to Shrimati Sukhdev Kaur in the following manner:-

Rs. 2,000/- to be paid to her within a week from 17th November, 195