N.K. Mody, J.

1. Being aggrieved by the order dated 17/12/90 passed by I Additional District Judge, Mandsaur in Civil Appeal No. 45-A/87 and decree dated 21/12/90 whereby the judgment and decree dated 19/12/79. passed by Civil Judge, Class-1, Mandsaur in Civil Suit No. 21-A/74 whereby the decree passed in favour of Appellant and Respondent Nos. 8 and 9 was set aside, the present appeal has been filed.

2. The appeal was admitted for final hearing by this Court vide order dated 06/12/91 on the following substantial question of law:

Whether the learned lower Appellate Court committed error of law in rejecting the application of the Appellant to add the State Government as a party in view of amendment in Order I Rule 3(a) of Code of Civil Procedure?

3. Vide order dated 30/06/10 following additional substantial questions of law were framed:

Whether the lower Court erred in not dismissing the appeal due to non-impleading the Respondent Samandbai? Whether the alleged compromise of 5/12/1983 could he recorded after the same was rejected by the Court? Whether the lower Court acted in accordance with Order 23 Rule 3 in recording compromise despite the protest of the Appellant and wrongly