Compromise of suit
Withdrawal and Adjustment of Suits, in the First Schedule to The Code of Civil Procedure, 1908
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 1 [in writing and signed by the parties] or where the defendant satisfied the plaintiff in respect to 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 2 [so far as it relates to the parties to the suit, whether or not the subjectmatter of the agreement, compromise or satisfaction is the same as the subject-matter of the suit:]
1 [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 not 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.]
1 [Explanation.--Anagreement or compromise which is void or voidable under the Indian Contract Act, 1872 (9 of 1872), shall not he deemed to be lawful within the meaning of this rule.]
1. Ins. by Act 104 of 1976, s. 74 (w.e.f. 1-2-1977).
2. Subs. by s. 74, ibid., for certain words (w.e.f. 1-2-1977).
How this Rule is cited
It is written both ways, and both mean this Rule: Order XXIII Rule 3 CPC and Order 23 Rule 3 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 23 Rule 3 CPC, Order XXIII Rule 3 CPC. Each opens the full-text search over every order eCourtsIndia holds.
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.