GURUSHIDDAPPA SHANKAREPPA BALEKUNDRI Vs. RAMACHANDRA CHANDAPPA

JUDGEMENT

(1.) - This second is filed against the disposal of Regular Appeal no. 55/1979 on compromise. In fact, I. A. III was filed to record compromise under Order 23, Rule 3 of the Code of Civil Procedure but the same was resisted by the respondent even before the compromise was recorded. The appellate Court went into the. questions-whether ishwarappa, the son of the respondent, was authorised by the respondent to enter into the compromise? Whether the terms of the compromise set out in the. affidavit are proved? if they are. held proved, whether they are lawful and could be enforced? and whether a decree should follow in terms of the compromise?

(2.) THIS second appeal has been admitted to consider whether the power exercised by the lower appellate Court in recording the compromise has been legally exercised. When a compromise is sought to be made in a Court and especially when one of the parties to the suit declines to accept the compromise, in my opinion, it is easy for the Court to dispose of the appeal on merits, instead of forcing the parties to enter into a compromise.

(3.) ON perusing the affidavit and the counter affidavit filed by the parties before the appellate Court, it is seen that the defendant has specifically stated that he has not authorised his son Eshwarappa to give any sort of instruction to his Advocate. Indirectly, he said that he has not given instructions to his Advocate to enter into a compromise. In my opinion, when a client comes and tells either the Advocate or the Court that he has not given instructions to his Advocate to act in a particular manner or to enter into compromise, the Advocate has no right whatsoever to act dehors such instruction or such: representation. After all the basic structure of advocacy depends upon the instructions given by the clients on facts. In view of the objections filed by the defendant before the lower court, I have no hesitation to come to the conclusion that the compromise ought not to have been accepted by the Court below.