JUDGMENT Kaushal Kishore, M. - In this reference dated November 28, 1975, the learned Additional Commissioner, Gorakhpur Division, Gorakhpur has recommended, on the basis of a compromise filed before him the same day, that the revision petition against the order dated November 27, 1974 of the learned trial court setting aside the ex-parte decree dated May 1, 1971 and restoring the suit, may be allowed and the order dated November 27, 1974 be set aside. 2. I have heard the learned counsel for both the parties and have also perused the record. 3. This is a peculiar compromise, which, in fact, compromises the procedure rather than the claims of the respective parties. Still more strange is the recommendation, and unacceptable too, for the procedure cannot be compromised between the parties. The revision petition has to be decided on the finding whether the learned trial court erred in one of the various ways in the exercise of jurisdiction and cannot be allowed on the whims of the parties, if no such error is made out. 4. The learned counsel for the applicant has argued that the opposite party Gharbaran is a rand outsider, but such claim is a matter for consideration when deciding the case on merits. In revision, he is a proper opposite party as he is the heir of the defendant in the suit. The counsel for the opposite party has argued that the ex parte decree was passed against Chaturi defendant who had expired prior to May 1, 1971. This fact has not been controverted. The pedigree in the application shows that Gharbaran is the sole surviving heir of Chaturi. The learned trial court after hearing both the parties, restored the suit. The argument of the learned counsel for the applicant that Banka plaintiff was not served with notice in the restoration case and was not heard, is belied by the order-sheet of November 27, 1974 in the trial court file which clearly shows that signatures of both the counsel and also the endorsement of having received the cost awarded on the restoration. 5. There is no substance in the revision petition, which is dismissed with costs. The records of the courts below be returned without delay.