( 1 ) THIS appeal has been filed from an order dismissing the defendants' appeal under Order 43, Rule 1, Civil Procedure Code, which appeal was preferred from an order recording compromise under Order 23, Rule 3, C. P. C. , in these circumstances.

( 2 ) MST. Toranbai (respondent) instituted a suit against the appellants for a declaration that she was the wife of Asaram, who was a Police Constable and was killed on the frontiers, when on duty, so that she was entitled to succeed to the pension which became payable, but since Bhutnath (defendant No. 1) opposed her claim, she filed a suit for declaration.

( 3 ) THE parties are related as follows:--UMEDI (dead) = Suhatabai (Deft. 3)Bhutnath Adhin Asaram (Deft. 1) (Deft. 2) (deceased)= Toranbai (plff.)

( 4 ) ON December 12, 1961, the plaintiff offered a special oath to the defendants. Bhutnath accepted the oath. However, the trial Court did not act upon it immediately but fixed 13th December for pronouncing its judgment. However, immediately thereafter the parties filed a compromise petition. That compromise was recorded on the same day, that is, December 12, 1961. Each one of them acknowledged to have entered into the com