RAJ NARAIN Vs. HARI SHANKER

JUDGEMENT

(1.) THIS is a plaintiff's second appeal.

(2.) THE first responent Hari Shanker, a defendant in the suit out of which this present appeal arises, filed suit no. 258 of 1968 in which the plaintiff-appellant and his brother Satya Narayan, who is respondent no. 2 were defendants. THE plaintiff and his brother filed separate written statement in that suit. THE plaintiff had engaged Sri Kali Prasad as his counsel in the suit. THE suit was decided in terms of a compromise dated December 15, 1970. Sri Kali Prasad entered into the compromise on behalf of the plaintiff.

(3.) THE trial court aswell as the lower appellate court have taken the view that Sri Kali Prasad having been authorised to compromise the suit on behalf of the plaintiff in the present case, the compromise decree was binding upon the appellant. This view is assailed by the plaintiff appellant in the present appeal.