ORDER

1. Leave granted.

2. Heard learned counsel for the parties. This appeal takes exception to the judgment and order dated 2 nd July, 2018 passed by the High Court of Judicature for Rajasthan, Bench at Jaipur in S.B.Civil First Appeal No. 15 of 2009.

3. The singular grievance in this appeal is about the manifest error committed by the High Court in not deciding the joint application dated 6 th January, 2015 filed by the parties for recording settlement. While dealing with that application, the High Court in the impugned judgment has merely recorded as follows:

"15. So far as compromise is concerned, it is revealed that the matter was referred to Mediator, Rajasthan High Court, Jaipur where a compromise was arrived at. But the said compromise was not attested by the Court. Since the said compromise was not attested by the Court as per Order 23 Rule 3 CPC, it will not be binding on the parties. All the applications, which are pending in this regard, stand disposed of."

4. The grievance is that in terms of the proviso to Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (CPC), the Court was obliged to examine all aspects of the matter arising from the application for recordin