BRIJ MOHAN LAL, J.

( 1 ) THIS is an application in revision by the plffs. They brought a suit as representatives of the hindu community of the town of Hathras for an injunction restraining the opposite parties from making certain constructions round a well and a temple of Shiva. Permission of the Court was obtained under Order 1, Rule 8, Civil P. C. The suit was decreed by the trial Court, but an appeal was preferred against that decision by the opposite parties. While the case was pending in the appellate Court, the suit was compromised and a decree was passed accordingly.

( 2 ) SOMETIME afterwards, the plffs. , who were respondents to the appeal, applied to the appellate court to have the compromise decree set aside. It is significant that the application was not pressed before the learned judge on the ground that the compromise was fraudulent, collusive or improper. A suggestion had been made in the petition of objection that the lawyers had no authority to enter into the compromise; but that position also was given up before the learned judge. The only point that was pressed before him was that no compromise could be effected in a suit, in which permission of the Court had been

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