- (1.) RESPONDENTS 1 to 3 instituted a suit in the Court of the Munsif, Barabanki, for recovery of possession of certain land which formed part of 'ahata no. 1 in village Telwari in the district of barabanki by demolition of constructions standing upon it and by removal of certain pegs and other alleged encroachments. The suit was contested by the defendants and the trial Court framed four issues.
(2.) ON the date fixed for evidence namely 20-10-1943 the plaintiffs were present in person with their advocate, Mr. Durga Dayal, and the defendants were represented by Mr. Ajodhia Prasad. Only one of the defendants, Jagmohan Singh, respondent 4 was present in person. On 20-10-1943 the Court recorded the following proceedings: "parties and their pleaders agree that if Raj Bahadur Singh, plaintiff 2 states with 'gangajali' in his hand that the defendants have encroached upon the plaintiffs' land and the encroached portion is not on the old foundation, the suit be decreed with costs, otherwise dismissed. " This proceeding is signed by the pleaders of the parties as well as by Jagmohan Singh. Thereafter Raj Bahadur Singh stated on oath, with 'gangajali' in his hand, that the defendants had encroached on the plaintiffs' land as shown by the commissioner in his plan and the encroached portion is not on the old foundation. The parties closed their case and the judgment was delivered on the same day. The plaintiffs' suit for possession by demolition of constructions and by grant of perpetual injunction was decreed.
(3.) ALL the defendants except Jagmohan Singh appealed. In appeal before the learned Civil Judge id was contended that Pt. Ajodhia Prasad had no authority to abide by the special oath of plaintiff 2 and that in any case the Court should have determined the objections to the commissioner's report filed by both the parties. The learned Civil Judge held that Pt. Ajodhia Prasad had the necessary authority and that it was not necessary in view of the statement of plaintiff 2 on oath, to go into the objections to the commissioner's report. He accordingly dismissed the appeal.;