Whats the procedure for compromise if the case s in the court .

622 votes

Understanding The concept of Compromise Decree.
Order 23 R 3 of CPC talks about compromise of suit. Suppose in a suit between A and B both A abd B can enter into a lawful agreement ( Read with Indian Contract Act ) and both have declared in writing that they are giving up the suit. In this case court will draw the Consent Decree. Court will further examine that the party has entered voluntarily, usually defendant applies for Compromise decree so court will examine the plaintiff and circumstances to check whether the agreement was volunatrily. Order 23 R3A says that no appeal shall lie with regard to compromise decree and rule of estoppel will apply.

Advocate Siddhant Mishra LawRato

764 votes

Order XXIII of Code of Civil Procedure deals with "Withdrawal and Adjustment of Suits". Rule 3 of Order XXIII stipulates as to how "compromise of suit" which contemplates that where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise in writing and signed by the parties, or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject matter of the suit, the Court shall order such agreement, compromise or satisfaction to be recorded, and shall pass a decree in accordance therewith so far as it relates to the parties to the suit, whether or not the subject matter of the agreement, compromise or satisfaction is the same as the subject matter of the suit: Provided that where it is alleged by one party and denied by the other that an adjustment or satisfaction has been arrived at, the Court shall decide the question; but no adjournment shall be granted for the purpose of deciding the question, unless the Court, for reasons to be recorded, thinks fit to grant such adjournment. Explanation--An agreement or compromise which is void or voidable under the Indian Contract Act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule."
Thus, it is advised that put up the application in accordance with law through Advocate and it can be done even prior to vacation as almost 10 more days are yet to go prior to vacation.
Regards

LawRato LawRato

585 votes

Well,
This is one of the wonderful question which not only deals with the secret of justice but to deal with deadlines of a judiciary system. Hope you can understand..
To know the secret behind you have to share your query after taking an appointment with me for the remedy you seeks promptly.

LawRato LawRato