( 1 ) THIS first appeal from order is sought to be filed under Order 43 Rule 1 (a) Civil Procedure code against the order of Civil Judge, Mohanlalganj, Lucknow, returning the plaint for presentation to proper Court.

( 2 ) THE present suit appears to have been instituted in 1956. Thereafter the defendant filed A written statement but no plea of jurisdiction was taken. There was also a former suit between the parties in which the jurisdiction of the Court was not challenged and, I am told the dispute relating to the former suit is still pending in appeal or revision in this Court. In this case an application for stay was moved by the defendant under Section 10 Civil Procedure Code, perhaps read with Section 151 Civil Procedure Code and the learned Civil Judge passed an order of stay under Section 351 Civil Procedure Code though he appears to have found that the provisions of section 10 Civil Procedure Code would not apply. After the order of stay was passed an application was moved on behalf of the plaintiffs stating that the defendants 1 and 3 had committed default of an earlier compromise entered into between the parties on the 1st February, 1956 and so a prayer for