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Judgment
P.N. Mookerjee, J.—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.
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.
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 CPC which is appealable under Order 43, Rule 1(m). The preliminary objection of Mr. Mukherjee is, accordingly, overruled.
In the above view, we allow this appeal, set aside the impugned order of the learned trial Judge and send the matter back to him for a consideration of the Plaintiff''s application for cancellation of the solenama in question, in accordance with law, including the question of its maintainability and its merits.
There will no order for, costs in this appeal.
Let the records go down as quickly as possible to enable the learned trial Judge to dispose of the matter as expeditiously as possible.
Amiya Kumar Mookerji, J.
I agree.