Dwarka Prasad, J. - (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.- "Where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise, in writing and signed by the parties, or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject-matter of the suit, the Court shall order such agreement, compromise or satisfaction to be recorded, and shall pass a decree in accordance therewith so far as it relates to the parties to the suit, whether or not the subject-matter of the agreement, compromise or satisfaction is the same as the subject-matter of the suit: Provided that where it is alleged by one party and denied by the other that an adjustment or satisfaction has been arrived at, the Court shall decide the question; but no adjournment shall be granted for the purpose of deciding the question, unless the Court, for reasons to be recorded, thinks fit to grant such adjournment. Explanation:-- An agreement or compromise which in void or voidable under the Indian Contract Act, 1872, shall not be deemed to be lawful within the meaning of this rule."
(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.;