Eradi, J.

1. This Civil Revision Petition arises from an order of the court below dismissing an application filed by the defendant in O. S. No. 468 of 1962 on the file of the Sub Court, Palghat, for setting aside the decree passed in the case on the basis of a statement by his counsel that the suit may be decreed in terms of the plaint.

2. The respondent, who was appointed as Receiver in a partition suit, bad filed that suit against the revision petitioner for realisation of arrears of rent due from 1133 under an oral lease. The defendant denied the terms of the oral lease as set out in the plaint and contended that the annual money portion of the rent was only Rs, 41/-and not Rs. 171/- as claimed in the plaint, and that arrears of rent due upto 1137 have been discharged.

3. On 11-12-1964 counsel for the defendant endorsed on the back of the plaint that the suit may be decreed as prayed for.

4. On the basis of the endorsement the court passed the decree.

5. The defendant thereafter filed an application on 11-1-1965 for setting aside the decree for the reason that counsel had no authority to make the endorsement, that the suit must therefore be deemed to be pending, and that