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Vagaram & Ors. vs. Vardaram & Ors.

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Rajasthan Public Trust Act, 1959–Secs. 40 & 38–Code of Civil Procedure, 1908–Order 23, Rule 3–Proceedings u/s. 40–Compromise–Allowed by Dist. Judge without recording any satisfaction–Proceedings in pursuance of direction u/s. 38 were representative in nature–Hence, no agreement or compromise could have arrived without leave of Court–Court was also to record the satisfaction after inquiry–Non-compliance of provisions of Order 23, Rule 3–Impugned order set-aside and matter remanded back for re-decision.