G.C.Mital, J.

1. Gurcharan Singh and Jaswant Singh filed an earlier suit through Sh. V.N. Gandhi, Advocate, against Piara Singh and Ranjit Singh for declaration to the effect that they were the sole owners and in possession of the agricultural land measuring 28 kanals 18 marlas. In that suit, the counsel for the plaintiffs made a statement on 2nd November, 1979 to the following effect :-

"The plaintiffs are co-sharers in the land in dispute to the extent of 1/2 share. Defendants Piara Singh and Ranjit Singh (now sons of Ranjit Singh) as Ranjit Singh has died, are owners to the extent of 1/2 share in the suit land. The holding is still joint. The parties are in possession and they would hold the possession till the land is partitioned by the revenue authorities according to law for which they have yet to apply. Suit be decreed in these terms."

Similar statement was made by the counsel for the defendants. Copy of the aforesaid statement of the counsel, Sh. V.N. Gandhi is Exhibit P-6. The trial Court decreed the suit in terms of the statements of the counsel for the parties. That judgment is Exhibit P-7. On 7th February, 1980 Gurcharan Singh and Jaswant Singh filed the present