A.C. Sen, J. - (1.) The present appeal is directed against the judgment and decree dated November 23, 1962, passed by the Additional District Judge, Fifth Court at Alipore, district 24 -Parganas, in Title Suit No. 16 of 1962 and is at the instance of the State of Bihar, Defendant No. 1 in the said suit.
(2.) The suit out of which the appeal arises was one for declaration and injunction. The suit was originally instituted by the Respondent No. 1, Ramgarh Farms and Industries Limited, against as many as 39 Defendants including the State of Bihar that was impleaded as Defendant No. 1. The Respondent No. 2, namely Bokaro and Ramgarh Ltd., was at first impleaded as Defendant No. 2, but was subsequently transposed to the category of the Plaintiff by an order being Order No. 121 dated September 19, 1960, the suit having been filed on February 9, 1959.
(3.) In the plaint as originally filed, the Plaintiff, Respondent No. 1, asked for the following relief 's: (i) For a declaration that the compromise mentioned in the body of the plaint was valid and lawful and binding on the parties. (ii) For a declaration that the State of Bihar was bound to act in accordance with the terms of the compromise. (iii) For a mandatory injunction directing the Defendant No. 1 (the State of Bihar) to consent to the compromise petition to be filled in Court and to act in terms of the compromise agreed. (iv) For a permanent injunction restraining the Defendants Nos. 1 to 32 and Defendant No. 39 from prosecuting the Title Suits set out in the schedule to the plaint. (v) For cost and other appropriate relief 's. The prayer portion of the plaint was amended by an order passed on March 9, 1959. After amendment relief 's Nos. (ii) (iii) and (iv) stood thus: (ii) For a declaration that the Defendants were bound to act in accordance with the terms of the compromise. (iii) For a mandatory injunction directing the Defendants to consent to compromise petition to be filed in Court and to act in terms of the compromise agreed. (iv) For a permanent injunction restraining the Defendants from prosecuting the Title Suits set out in the schedule to the plaint.;