Gokal Chand Mital, J.

1. The trial Court decreed the suit for pre-emption filed by the two plaintiffs against Chitru vendee and Sumer alleged lessee. Against the decree of the trial Court, they went up to appeal. Before the Additional District Judge, Chitru appellant and Vjjay Singh respondent with their respective counsel in that Court, made statements. Sumer appellant and Ram Singh respondent did not make any statement although on their behalf their respective counsel did make the statements. According to the statement of Vijay Singh, pre-emptor and counsel for the pre-emptors, the pre-emptor were to pay Rs. 19,000/- to Chitru vendee by 31st October, 1988 and Chitru was to harvest the crop by that date and thereafter the pre-emptors could take possession and the vendee could withdraw the deposited amount besides the pre-emption amount. In the statement made by Chitru vendee, apart from agreeing with the aforesaid statement it was mentioned that the appeal be dismissed as withdrawn. On the basis of this statement, the Additional District Judge passed the following order :

Present:-

Counsel for the parties. During the course of arguments, the parties have come to terms and