( 1 ) THIS appeal was preferred along with an application for condonation of delay. The parties were heard. The delay was for about nine days as it was in time up to 3-1-1994 and the appeal was presented on 12-1-1994. In view of this insignificant delay, the prayer under S. 5 of the Limitation Act stands allowed. The appeal was also heard on merits including a preliminary objection on behalf of the learned counsel for the respondents.

( 2 ) THE appeal is directed against the first appellate judgment and decree dated 23-9-1993 recorded by the District Judge, Gorakhpur in Civil Appeal No. 49 of 1993, which was preferred by the present appellant. The aforesaid civil appeal was dismissed and the decree of rejection of the plaint by the Court below was upheld.

( 3 ) IT appears that the present appellant filed suit No. 318 of 1993 before the civil Judge, Gorakhpur, for a declaration and injunction against the present respondents Nos. 1 to 6 in respect of a particular piece of land. It was prayed therein that a declaration be made that the compromise decree in suit No. 455 of 1993 was void and was not binding on the plaintiff. There was further prayer for injunction so t