Judgment

ALAGIRISWAMI, J.:- This is an application by the 1st respondent in the appeal to set aside the compromise decree dated 7-2-1972. The Memorandum of Compromise on the basis of which the appeal was disposed of was signed by the counsel for the appellants as well as Mr. P. K. Mukherjee, advocate purporting to appear on behalf of the petitioner / respondent. The writ petition out of which this appeal arises was disposed of as early as 13-1-1966. The petitioner alleges that the appeal has been disposed of without even service of any notice on him and of any intimation of the lodgment of the appeal. He also alleges that he had not empowered any lawyer to act in this case.

2. It is obvious that his contention that no notice was even served on him cannot be accepted and it is also clear that Mr. Mukherjee had been engaged to appear on behalf of the petitioner. The High Court of Patna has sent a certificate that the notice of lodgment of petition of appeal was given to the advocate for the petitioner/respondent on 25-9-1967 and also to the General Secretary. Colliery Mazdoor Union, of which the petitioner is a member, on 26-9-67. Mr. Mukherjee entered appearance on behalf of both of t