BYRAM PESTONFL GARIWALA versus UNION BANK OF INDIA AND ORS.

BYRAM PESTONFL GARIWALA versus UNION BANK OF INDIA AND ORS.

The signature requirement under Order XXIII Rule 3 CPC post-1976 amendment does not exclude counsel; in absence of explicit statutory language to the contrary, a compromise signed by the counsel with proper authority is valid and binding. Decree based upon such compromise is executable and constitutes res judicata.

Parties
Appellant Defendant: Byram Pestonji Gariwala; Respondents: Union Bank of India and others
Jurisdiction
India
Judgment Date
20 September 1991
Procedural Posture
Civil Appeal / Final Judgment by Supreme Court
Outcome
appeal dismissed
Legal Topics
Compromise Decree, Execution of Decree, Role of Counsel, Order XXIII Rule 3 CPC, Amendment of 1976, Signing by Parties or Counsel
Civil Procedure Compromise Decree Execution of Decree Role of Counsel Order XXIII Rule 3 CPC Amendment of 1976 Signing by Parties or Counsel

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Parties

Byram Pestonji Gariwala

Appellant Defendant

Union Bank of India and others

Respondents

Procedural Posture

Civil Appeal / Final Judgment by Supreme Court

Legal Issues

  1. 1 Whether a compromise decree under Order XXIII Rule 3 CPC requires signature by parties in person or if counsel's signature suffices
  2. 2 Interpretation of 'in writing and signed by the parties' after the 1976 amendment
  3. 3 Validity of decree based on compromise not signed by parties in person

Ratio Decidendi

The signature requirement under Order XXIII Rule 3 CPC post-1976 amendment does not exclude counsel; in absence of explicit statutory language to the contrary, a compromise signed by the counsel with proper authority is valid and binding. Decree based upon such compromise is executable and constitutes res judicata.

Court Disposition

appeal dismissed

Orders

  • No order as to costs