Bare ActsCode of Civil Procedure, 1908 (CPC)

Section OXXIII-R3

Compromise of suit

Amendment status not verified — confirm the current text below against the official source.

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.] Inserted by Act 104 of 1976, S.74 (w.e.f. 01/02/1977). Substituted by Act 104 of 1976, S.74, for the words "so far as it relates to the suit" (w.e.f. 01/02/1977). Inserted by Act 104 of 1976, S.74 (w.e.f. 01/02/1977). Inserted by Act 104 of 1976, S.74 (w.e.f. 01/02/1977).

Section OXXIII-R3 – Code of Civil Procedure, 1908 (CPC) | DailyLaw.ai