JUDGMENT

Sinha, J. - This is an appeal against an order of remand passed by the learned Additional Civil Judge of Azamgarh. The facts which are necessary for the purposes of this appeal, are these:

2. A suit for possession and damages with respect to a tenancy plot was brought by five plaintiffs of whom the third, fourth and fifth were minors and the first two were majors, one of the defendants raised the plea that he had been a tenant since 1941.

3. The issue of tenancy was referred by the learned Munsif to the revenue Court u/s 288, U.P. Tenancy Act. Before the revenue Court, a compromise was arrived at between the plaintiffs and the defendant, under which the former accepted the latter as a tenant. The learned Munsif passed a decree in accordance with that finding. An appeal was preferred against the decree of the learned Munsif by four, out of the five plaintiffs, including the three minors. Bishwa Nath Singh preferred no appeal; nor was he arrayed as a pro forma respondent. 4. The learned Additional Civil Judge held that Bishwanath Singh, as a next friend of the minors was not entitled to come to a com-promise without the leave of the Court, within the meaning of Order 32, Rule 7