RAMAPPAYYA Vs. SUBBAMMA AND ORS.

JUDGEMENT

(1.) IN this civil miscellaneous appeal the sole point for decision (whether an advocate -or a pleader to whom a vakalatnama is given, has power in the absence of express authorisation to compromise the suit on behalf of the party for whom he appears.

(2.) THE appeal came before Yahya Ali, J. who directed it to be placed before the Chief Justice for orders, in light of the conflict in the decided authorities. Hence it comes before this Bench for disposal.

(3.) AN appeal by the fourth defendant to the learned Subordinate Judge of South Kanara challenging the validity of the settlement, so far as she is concerned, was allowed ; the decree passed against her was set aside and the trial Court was directed; to proceed with the trial of the suit with reference to that defendant's defence and decide the matter on the merits. This is an appeal by the plaintiffs against the decision of the learned Subordinate Judge.