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Government  Pleader

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Order XXIII Rule 3 and Order III Rule 1 of Civil Procedure Code- Arbitration proceedings – Arbitrator passed awards – challenged in District court – Compromise signed by Govt. Pleader on behalf of Govt. – Compromise decree was challenged by Govt. as Govt. Pleader is not authorised – High court set aside the decrees – Apex court held thatOrder XXIII Rule 3 and Order III Rule 1 of Civil Procedure Code as held in Jineshwardas (D) through L.R.s and Ors. v. Smt. Jagrani and Anr., (2003) 11 SCC 372, has held as under: “If a power-of-attorney holder can enter into an agreement or compromise on behalf of his principal, so can counsel, possessed of the requisite authorization by vakalatnama, act on behalf of his client.” We find that in the present case the Government Pleader was legally entitled to enter into a compromise with the appellant and his written endorsement on the Memo filed by the appellant can be deemed as a valid consent of the Respondent itself. Hence the Counsel appearing for a party is fully competent to put his signature to the terms of any compromise upon which a decree can be passed in proper compliance with the provisions of Order XXIII Rule 3 and such decree is perfectly valid.= CIVIL APPEAL NOS.7164-7166 OF 2014 (arising out of SLP (C) Nos. 23016-23018 of 2012) |Y. SLEEBACHEN ETC. |…..APPELLANT(S) | | | | |VERSUS | | |SUPERINTENDING ENGINEER |…..RESPONDENT(S) | |WRO/ PWD & ANR. | | = 2014 -Aug.part – http://judis.nic.in/supremecourt/filename=41803

Order XXIII Rule 3 and Order III  Rule  1 of Civil Procedure Code- Arbitration proceedings – Arbitrator passed awards – challenged in District court – Compromise signed by Govt. Pleader on behalf of Govt. – Compromise decree was challenged by Govt. as Govt. Pleader is not authorised – High court set aside the decrees – Apex court held that Order XXIII Rule 3 and Order III  Rule  1 of … Continue reading

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