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).
Chapter ORDER XXIII — Withdrawal and Adjustment of Suits
Section Order XXIII Rule 3
Compromise of suit
Printed from Law on Tips • The Code of Civil Procedure, 1908