MOHAN BAI Vs. JAI KISHAN

JUDGEMENT

(1.) The question raised in this appeal is as to whether a compromise petition filed under Order 23 Rule 3 C.P.C. should be signed by the party as well as by his counsel and a compromise petition, signed by the Advocate for the party only and not by the party himself, would not form a valid basis for a compromise decree under Order 23, Rule 3, C.P.C.

(2.) Learned counsel for the appellant submits that on account of the amendment in the provisions of Order 23. Rule 3, C.P.C. by the Amending Act No. 104 of 1976 and on account of the addition of the words "in writing and signed by the parties" in the aforesaid provision. a lawful agreement or compromise, before it can be given effect to by the court by recording the same under Order 23, Rule 3, C.P.C. should be signed by the party himself and such a compromise petition cannot be acted upon by the Court, if it is signed merely by the Advocate for that party. 2A. The provisions of Order 23, Rule 3, C.P.C. as they now stand after the amendment of the Civil P.C. by the Amending Act No. 104 of 1976, are as under.-

(3.) Learned counsel for the appellant submits that the addition of the word "in writing and signed by the parties in the aforesaid provision, by way of amendment, signify that the compromise should not only be in writing but it should be signed by the parties personally. I am afraid learned counsel is trying to add the word 'personally' to the words "in writing and signed by the parties", which have been added to the provisions of Order 23, Rule 3, C.P.C. by the Amending Act No. 104 of 1976, while the word 'personally' does not appear even in the amended provisions of Order 23, Rule 3, C.P.C. There is apparently no basis for the submission that reference to 'the parties' in the aforesaid provision should be construed as meaning parties personally and the signatures of the parties themselves would be essential before a compromise petition could be given effect to by the court under the provisions of Order 23, Rule 3, C.P.C.