MANINDRA NATH SEN Vs. NAGENDRA NATH DAS

JUDGEMENT

(1.) This appeal is by the Defendants Nos. 1 and 2. It is directed against an order, cancelling a solenama, filed by the Plaintiff -Respondent and the present Appellants. The cancellation was made by the learned trial Judge by an order which is cryptic and summary and does not appear to be based on proper materials and full consideration of all relevant aspects.

(2.) Indeed, parties do not appear to have opportunities of placing the relevant materials on the record. In these circumstances, we are not inclined to uphold the learned Subordinate Judge's order.

(3.) A point is raised before us by Mr. Mukherjee that the impugned order is not appealable. As we have said above, the order is in form an order cancelling a solenama, but in substance an order refusing to record the alleged compromise between the parties. It was thus clearly an order under Order 23, Rule 3 of the Code of Civil Procedure which is appealable under Order 43, Rule 1(m). The preliminary objection of Mr. Mukherjee is, accordingly, overruled.