( 1 ) THIS is an appeal by the plaintiff against an order dated the 25th of April, 1958 passed by the learned civil Judge of Saharanpur. It arises under the following circumstances.

( 2 ) A suit was instituted by the plaintiff for recovery of her ornaments or in lieu thereof for the recovery of a certain sum of money. The suit was resisted by the defendants and certain preliminary issues were raised. The suit was fixed for the 16th of November, 1957 for the hearing of the preliminary issues relating to the jurisdiction of the court to try the suit and the plea of limitation. On that date, the plaintiffs counsel Sri Hukum Chand Jain as well as the plaintiffs mukhtar-Khas Sri Tirlok Chand offered to be bound by the statement of Sri Jamboo Prasad defendant No. 1 provided that the statement was made on the special oath of Sri Mahabir Ji swam. Sri Jamboo Prasad agreed to give his statement on that special oath. The offer was accepted by the counsel of the defendants. The statement of Sri Jamboo Prasad was recorded on that special oath and the suit was dismissed on the 16th November, 1957 on the basis of that statement. Some time later an application purporting to be one un