A.N. Sen, J. - (1.) This is an application under Order 23, Rule 3 of the Code of Civil Procedure for recording the compromise of the suit.
(2.) It is the case of the Applicant, who is the Defendant in this suit, that the entire suit has been settled on the terms and conditions set out in para. 14 of the petition.
(3.) By a letter dated January 5, 1966, addressed by Sri P.P. Mitra, solicitor for the Plaintiff, draft terms of settlement had been sent to the Defendant's solicitor. It is necessary to set out the said letter of Sri P.P. Mitra which reads as follows: Dear Sir, I understand that the parties in this suit are agreeable to settle the suit on certain terms. I trust you have also been similarly instructed for such settlement. I am sending you herewith the draft Terms of Settlement as prepared herein for your approval without prejudice. If your client is willing to settle this suit on such terms please approve the same and return the same so approved, to enable me to arrange for filing same in Court and to get a decree passed herein in terms of such settlement.;