2.
A filed a suit for partition and that ended in a final decree. Then A filed a second suit against the defendant claiming mesne profits in respect of excess lands which had been in his possession for a period prior to the passing of the final decree.

3.
Under Order IX, Rule 8 of Code of Civil Procedure, for non-appearance of the plaintiff, a suit cannot be dismissed

4.
A compromise decree

6.
The court will not proceed with an appeal: