RANDHIR SINGH, J.:- This first appeal from an order raises some points of interest, which are not wholly free from difficulty.

2. It appears that a suit was instituted by one Sita Ram on 14-3-1950, against the appellant (defendant No.1) and one Chhedi Lal, on the allegations that the plaintiff was the nearest reversioner to the estate of Shrimati Kalpas deceased husband and that Shrimati Kalpa, though a life owner was wasting property in collusion with defendant No.2. The appellant (defendant No.1) did not enter appearance but defendant No.2 filed a written statement on 17-4-1950.

On 16-5-1950, a petition of compromise is said to have been filed by the plaintiff and the appellant (defendant No.1) and verified before the Court on 29-5-1950. On 29-5-1950, an order was passed that the case be put up on 7-7-1950, for the disposal of an application for amendment of the plaint. It was also mentioned in the order that the orders on compromise will be passed at the time of judgment. An application for the setting aside of the ex parte proceedings against defendant No.1 was made on 7-7-1950, in which it was alleged that the appellant (defendant No.1) had been unwell and was unable, t