BHANWAR LAL Vs. KISHNA RAM AND ORS.

JUDGEMENT

(1.) THE present First Appeal has been filed by the plaintiff Bhanwar Lal S/o. Shankar Lal against the decree passed on compromise by the learned Trial Court of Additional Dsitrict Judge No. 1, Bikaner on 01.02.2010 in Civil Original Suit No. 43/1999 "Mohan Ram S/o. Bhagwan Ram v. Kishna Ram S/o. Panna Ram".

(2.) THE dispute was regarding adoption of Kishna Ram S/o. Panna Ram by one Bakhta Ram. The entire order dated 01.02.2010 is quoted herein below for ready reference: - -

(3.) THE learned counsel Mr. M.S. Purohit appearing for the plaintiff -appellant relied upon the decision of the Hon'ble Supreme Court in the case of Himalayan Co -operative Group Housing Society v. Balwan Singh & Ors. reported in : 2015 AIR SCW 4254 and referred head -note 'C' wherein, the Hon'ble Supreme Court has held that as per Section 35 of the Advocates Act, 1961 read with Rules 15, 16 and 26 of the Bar Council of india Rules, 1975, an Advocate must be specifically authorised to settle and compromise a claim, that merely on the basis of his employment he has no implied or ostensible authority to bind his client to a compromise/settlement and the position of the Senior Counsel is no better.