Code of Civil Procedure, 1908–Order 39, Rules 1& 2 r/w. Sec. 151–Application under–Dismissal of–Suit for partition–Court below-mentioned this fact in the impugned order that the respondents have furnished the undertaking for not claiming any compensation in regard to raising the construction–This is factually erroneous as it is not clear that when the undertaking was furnished–However, the copy of undertaking is produced on the record of this Court–Respondents are raising the construction over the property of their possession–Neither the interest of appellants would be prejudiced nor the value of property would be down–No case is made out for interfering in the reasoned order.
