Vineet Kothari, J. - (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: - - The learned counsel Mr. M.S. Purohit appearing for the appellant submitted that the compromise decree was passed on the basis of the photostat copy dated 08.01.2010 of the original compromise deed and the original compromise deed was not even produced before the learned Trial Court and the plaintiff Bhanwar Lal was not available on the date of compromise and he has not signed the original compromise deed. The learned counsel submitted that the plaintiff -appellant used to sign the documents and he did not put his thumb impressions on any of the document, as would be clear from the copy of the plaint and the compromise deed which purportedly bears the thumb impression of the appellant -Bhanwar Lal is not correct. The learned counsel also submitted that the Advocate Mr. Hari Saraswat authorised to appear for the plaintiff -appellant had no authority to enter into such a compromise deed on behalf of the plaintiff -appellant and, therefore, the compromise decree passed on the basis of compromise deed deserves to be set aside by allowing the present First Appeal.
(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.;