Judgement

Appeal (No. 52 of 1927) by special leave from an order and decree of the High Court (December 18, 1924) reversing an order and decree of the Second Subordinate Judge, Hoogly (March 31, 1924).

The appeal arose out of a suit for partition in the Court of the Subordinate Judge instituted by the appellants against the respondent, a pardanishin lady. Upon an interlocutory application by the respondent for the appointment of a receiver, counsel representing the parties respectively settled the whole suit upon the terms of a compromise. The appellants applied to the Subordinate Judge under Order XXIII., r. 3, for a decree in the agreed terms ; the respondent objected on the ground that her counsel had no authority to enter into the compromise upon her behalf.

The facts of the case appear fully from the judgment of the Judicial Committee.

The Subordinate Judge ordered that the compromise be recorded and a decree made in accordance therewith.

The order and decree were set aside by the High Court by a judgment delivered by B. B. Ghose J. and concurred in by Walmsley J. The learned judge, after referring to the rule in England regarding the authority of counsel to settle a case with