THAKUR SINGH AND OTHERS Vs. INDER SINGH

JUDGEMENT

(1.) The Respondent brought a suit for specific performance of the agreement dated November 23, 19 6,(sic) before the learned Sub Judge First Class, Batala. In the course of the trial, the Learned Counsel for the parties agreed that if the Appellant took a special oath, the suit filed by the Respondent would be dismissed. In accordance with the agreement. The Appellant took the special oath and the learned Sub Judge dismissed the suit on August 19, 1971. The learned District Judge, Gurdaspur, who heard the appeal was of the view that since the Indian Oaths Act, 1873 (hereinafter called the Act), had been repealed the case could not be decided on the basis of a special oath. Consequently, he remanded the case for fresh decision by the learned trial Judge.

(2.) In this appeal, it is contended that an Advocate has an inherent right to enter info a compromise, been(sic) if the provisions of the Act did not apply, nothing could stop the Advocate of the Respondent in settling the case on the basis of certain conditions. I am prima facie inclined to agree with the submissions made by the Learned Counsel for the Appellant, but since the question is one of importance and there is judicial opinion to the effect that the provisions of the Act were against public policy, I feel that this case should be decided by a Larger Bench. Let the papers be placed before my Lord the Chief Justice for constituting a Division Bench.

(3.) In a suit for specific performance of an alleged agreement by which Defendant -Appellant agreed to execute a deed transferring the ownership rights of a specific piece of land measuring 17 Kanals and 18 Marlas, an agreement was arrived at between the counsel for the parties in the trial court after a good deal of evidence had already been led by them. This happened on August 19, 1971. Shri Brij Mohan Lal, counsel for the Plaintiff, made the following statement: -