(1.) THE main ground on which this appeal is presented by THE ksrtc, is that THE compromise petition filed before THE lok adalath-though not signed by THE appellant, deputy general manager and divisional controller, ksrtc, or THE law officer, THE contesting respondent in THE court below - was acted upon and a finding recorded THEreon against THE interest of THE appellant and that THErefore THE finding does not bind THE appellant,
(2.) SRI ramesh, learned counsel appearing for the insurer-3rd respondent, drewour attention to the decision of the Supreme Court in byram pestonji gariwala v union bank oflndia and others, AIR 1991 SC 2234. In paragraphs 40, 43 and 44 of the judgment referring to a similar plea put forward in that case arising out of an order under order 23, rule 3, cpc read with order 3, rule 1 and section 11, the Supreme Court held as follows: