Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Dismissal of application by disbelieving the agreement dated 04.05.2006–Earlier, agreement was executed between the four brothers and, thereafter, one brother died–He could not have been the party of the subsequent agreement–This aspect was not considered by the Court below–Impugned order set aside and matter remanded back for considering this aspect.
