Code of Civil Procedure, 1908–Order 23, Rule 3–Rejection of suit by the Trial Court with the observation that the statements made before the District Court in the earlier appeal cannot be termed as agreement or compromise–Appeal against–Allowed–Sustainability–In the earlier suit, there was no written compromise between the parties, there was no verification as such of any written document–Under the alleged compromise, order of dismissal of suit the defendants therein could have claimed to be in possession of the land in suit and no further–The ownership could not have been transferred because of the dismissal of the suit–Further, the order passed in earlier appeal (Order dated 20.08.1984) was not an order under Order 23, Rule 3–Applicability and bar under Order 23, Rule 3 would not have relevance in the instant suit–Findings recorded by the Trial Court are liable to be restored.
