Essentials and 'we have shown, that view is by no means test--There must be bpna fide adjustment of conflicting claims--Such adjustment must be destitute of support from the decisions of recognized by parties to dispute with object other High Courts One question, how of putting an end to controversy -- Main ever, remains, and that is whether, when contesting persomin dispute not made party an application for the restoration of a to adjustment of dispute -- In absence of such person, adjustment arrived at between dismissed application for restoration has other parties to dispute is not final adjust* been entertained and decided, an appeal ment of dispute lies from that decision On this precise The essence of a family arrangement lies in an point there seems to be a scarcity of adjustment of conflicting claims bona fide made and recognized on both sides with the object of authority In a case reported in 46 All putting an end to a controversy It is not how 538,10 Sulaiman, J (as he then was) defi ever essential that all members of the family; nitely took the view that though an need be a party to a family settlement But appeal lies from an order refusing to set where the main contesting party to a dispute is not made a party to the family arrangement aside an `ex parte* decree, no appeal is arrived at between the other parties thereto and provided for under the Code of Civil Pro without the presence of such person a final settle cedure from an order dismissing an appli ment of dispute is not possible, the family cation which is for restoration of an appli arrangement so arrived at without such person cation for setting aside an `ex parte* oannot be the final adjustment of the dispute 3

AIR 1927 Oudh 572

All India Reporter, Oudh Series

India - Uttar Pradesh

Cases Referring to this Case