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Pushpa Devi Bhagat (D) Th. Lr.Smt. ... vs Rajinder Singh & Ors on 11 July, 2006 cites

Byram Pestonji Gariwala vs Union Bank Of India And Ors on 20 September, 1991

18. We will first consider the meaning of the words "signed by parties". Order 3 Rule 1 of CPC provides that any appearance, application or act in or to any Court, required or authorized by law to be made or done by a party in such Court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognized agent, or by a pleader appearing, applying or acting, as the case may be, on his behalf. The proviso thereto makes it clear that the Court can, if it so desires, direct that such appearance shall be made by the party in person. Rule 4 provides that no pleader shall act for any person in any Court, unless he has been appointed for the purpose by such person by a document in writing signed by such person or by his recognized agent or by some other person duly authorized by or under a power-of-attorney to make such appointment. Sub-rule (2) of Rule 4 provides that every such appointment shall be filed in Court and shall, for the purposes of sub-rule (1), be deemed to be in force until determined with the leave of the Court by a writing signed by the client or the pleader, as the case may be, and filed in Court, or until the client or the pleader dies, or until all proceedings in the suit are ended so far as regards the client. The question whether 'signed by parties' would include signing by the pleader was considered by this Court in Byram Pestonji Gariwala v. Union Bank of India [1992 (1) SCC 31] with reference to Order 3 of CPC :
Supreme Court of India Cites 18 - Cited by 204 - T K Thommen - Full Document

Jineshwardas (Dead) Through L. Rs. & Ors vs Smt. Jagrani & Anr on 26 September, 2003

In Jineshwardas (supra), such a situation was noticed. In that case, the High Court made an order on a consensus expressed by both the learned counsel at the time of hearing of the second appeal, that the respondents will pay Rs.25,000/- within a period of one month with interest in the manner stipulated. The appellant subsequently filed an application for review, contending that the said order disposing of the appeal was a compromise decree, and as it was not in writing and signed by the parties, the appeal could not have been disposed of on the basis of the submissions. The High Court, however, refused to entertain such objections. This Court while upholding the decision of the High Court and holding that there was a valid compromise, also observed :
Supreme Court of India Cites 4 - Cited by 193 - D Raju - Full Document

Gurpreet Singh vs Chatur Bhuj Goel on 15 December, 1987

We have already referred to the definition of the term document. The term instrument used in Gurpreet Singh (supra) refers to a writing of a formal nature and nothing more. Further, we will have to understand the observations in the context in which they were made. In that case when the hearing of a Letters Patent Appeal commenced before the High Court, the parties took time to explore the possibility of a settlement. When the hearing was resumed the appellant's father made an offer for settlement which was endorsed by counsel for the appellant also. The respondent who was present also made a statement accepting the offer. Evidently, the said offer and acceptance were not treated as final as the appeal was not disposed of by recording those terms. On the other hand, the said 'proposals' were recorded and the matter adjourned for payment in terms of the offer. When the matter was taken up on the next date of hearing, the respondent stated that he was not agreeable. The High Court directed that the appeal will have to be heard on merits as the respondent was not prepared to abide by the proposed compromise. That order was challenged by the appellant by contending that the matter was settled by a lawful compromise by recording the statements of the appellant's counsel and respondent's counsel, and the respondent could not resile from such compromise and therefore, the High Court ought to have disposed of the appeal in terms of the compromise. It is in this factual background, that is, where there was no consent decree, the question was considered by this Court. The distinguishing feature in that case is that though the submissions made were recorded, they were not signed by the parties or their counsel. Nor did the court treat the submissions as a compromise. In this case, the court not only recorded the terms of settlement but thereafter directed that the statements of the counsel be recorded. Thereafter, the statements of counsel were recorded on oath, read over and accepted by the counsel to be correct and then signed by both counsel. Therefore in this case, there is a valid compromise in writing and signed by the parties (represented counsel).
Supreme Court of India Cites 4 - Cited by 105 - A P Sen - Full Document
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