K.C. Gupta, J. - This regular second appeal has been directed by the plaintiff against judgment and decree dated 29.8.1980 passed by Additional District Judge, Jind, whereby, the appeal filed by the defendants was accepted and the suit of the plaintiffs for declaration was dismissed, but the parties were left to bear their own costs throughout.

2. Briefly stated the facts are that Shiv Lal son of Mekha was owner of 1/2 share of land measuring 109 Kanal and 5 Marlas detailed in the heading of the plaint. On 20.9.1973, he executed a will in favour of the respondents (defendants) of his entire share in the above mentioned land.

3. The appellants brought a suit for declaration and challenged the above said will. However, compromise took place between them. Consequently, two agreement Ex.P1 and Ex.P2 were executed between the parties and according to these agreements, they would transfer 2/3rd share of the inherited property to the appellants. The said agreements were not produced in the Court, nor any order was passed on the basis of compromise. The appellants got their suit dismissed in default under Order 9 rule 2 C.P.C. on 17.8.1973 vide order Ex.P-9.

4. After the death of S