DWARKA PRASAD, J.—The question raised in this appeal is as to whether a compromise petition filed under Order 23 Rule 3 C. P. C. should be signed by the party as well as by his counsel and a compromise petition, signed by the Advocate for the party only and not by the party himself, would not form a valid basis for a compromise decree under Order 23 rule 3 C. P. C.

2. Learned counsel for the appellant submits that on account of the amendment in the provisions of Order 23 rule 3 C. P. C. by the Amending Act No. 104 of 1976 and on account of the addition of the words "in writing and signed by the parties" in the aforesaid provision, a lawful agreement or compromise, before it can be given effect to by the court by recording the same under Order 23 rule 3 C. P. C. should be signed by the party himself and such a compromise petition cannot be acted upon by the Court, if it is signed merely by the Advocate for that party.

3. The provisions of Order 23 rule 3 C. P. C , as they now stand after the amendment of the Code of Civil Procedure by the Amending Act No. 104 of 1976, are as under:—

"Where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by

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