IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.95 of 2000 Most.Baleshwari Ojhain, wife of Late Jageshwar Jha Resident of village-Barhara, P.O. Rampatti, P.S. Raj Nagar, District- Madhubani. ... Appellant Versus 1. Sarbas Jha, son of Late jageshwar Jha, 2. Smt.Lal Devi, wife of Sarbas Jha, resident of village- Barhara, P.O. Rampatti, P.S. Rajnagar, District- Madhubani 3. Bhogendra Jha 4. Gopal Jha, Both sons of Late Jageshwar Jha, resident of Village-Barhara, P.S. Rajnagar, District-Madhubani. 5. Smt.Sushila Devi, daughter of Late Jageshwar Jha, wife Of Bindeshwear Jha, resident of village-Bathana, P.S. Pandaul, District- Madhuabni. 6. Bhogendra Mishra, son of Late Gangadhar Mishra 7. Rewant Mishra 8. Baij Kant Mishra, sons of Bhogendra Mishra 9. Manoj Mishra All resident of village-Singioun, P.S. Rajnagar, District Madhubani. 10. Amla Devi, wife of Raj Kumar Jha, resident of village- Sarhad Prakhand-Pandaul, District- Madhubani. 11. Sunita Devi, wife of Lalit Kumar Jha, resident of Village-Kalikapur, District Madhubani. 12. Rinku Devi, wife of Sanjeev Kumar Jha, resident of Village-Moahanpur, District – Darbhanga All daughters of Bhogendra Mishra, resident of village- Singioun, P.S. Rajnagar, District – Madhubani. 13. Mundrika Devi, daughter of Jageshwar Jha, wife of Gauri Jha, resident of village-Rampatti Barhara, P.S. Rajnagar, District- Madhubani. 14. Rita Devi, daughter of Jageshwar Jha, wife of Arun Kumar Jha, resident of village-Subhankarpur, P.S. Pandaul, District-Madhubani. 15. Poona Devi, wife of jageshwar Jha, wife of Laldhar Jha, resident of village-Sankaurth, P.S. Pandaul, District-Madhubani. ... ... Respondents. ----------- 15. 18.5.2009. An Interlocutory application of compromise bearing I.A. No.749 of 2003 has been filed on behalf of all the parties to the second appeal. All the parties to the second appeal have duly signed on the last page of the application for compromise and their respective counsel have also put their signatures on the first page of the said application. It also transpires that affidavits in the Interlocutory application for compromise have been sworn by the sole appellant as well as by respondent - 2 - nos.1, 2, 3, 5, 12 and 13. It thus transpires that affidavits have been duly sworn by the main contesting parties namely the appellant (who was plaintiff-respondent in the courts below) and respondents 1 and 2 (who were defendants- appellants in the court below) whereas affidavits have also been sworn by one of the members of each branch of the remaining respondents. The office has rightly noted that the requirement of application for compromise is that it should be duly signed by all the parties to the appeal and their respective counsel whereas affidavit by all of them separately is not mandatory as per the provisions of Order XXIII of the Code of Civil Procedure. However, in few cases, some Hon’ble Judges of this Court had demanded affidavits by all the parties but no such thing can be traced in the precedent file. In the aforesaid facts and circumstances, this Court finds that there is no requirement of filing affidavits on behalf of all the respondents in this case as the mandatory provisions of law have already been fulfilled and sufficient affidavits have been sworn. Further more, there is no defect in the aforesaid Interlocutory application in which it has been specifically stated that all the parties have amicably adjusted the matter wholly and have settled their dispute by compromise on their own free will as per the terms enumerated in sub paragraph (a) to (h) of the application for compromise and they have among themselves divided the suit land for every person or - 3 - N.H./ group of persons as detailed in Schedule-I to Schedule- 5 of the application for compromise and all of the respective parties have duly entered into possession of their respective allotted land. In the said circumstances, this second appeal is disposed of in terms of the said compromise. Let the aforesaid application for compromise be part of the decree to be prepared which shall operate as a preliminary decree as well as final decree as per the terms of the aforesaid compromise. Since the parties are in possession of their respective allotted land, the matter stands finally settled. Let the records of the court below be sent down. ( S.N. Hussain )