Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Conditions to be satisfied to record compromise : (1) There should be a lawful agreement or compromise; (2) Compromise has to be in writing and signed by the parties; (3) Compromise must be recorded by Court; (4) A decree on such compromise can be passed so far it relates to the parties to the suit but may extend..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Recording of compromise between some of parties to suit is not a proper compromise - If the compromise is not signed by all the parties, compromise cannot be recorded validly U.O.23.R.3 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Must be in writing and signed by parties is mandatory and cannot be dispensed with...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Court is not obliged to pass a decree as soon as compromise is recorded - It is duty of Court to satisfy itself the legality of agreement, compromise or settlement in question...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- Compromise - Suit for specific performance - Two suits - Compromise arrived at between parties, which is lawful - Consent decree for specific performance thus, need to be passed in one suit where plaintiff seeking recording of compromise - Suit decreed - Other suit in which plaintiff seeking..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Has to be read as a whole and it cannot be accepted that a portion of compromise be totally ignored, which would render part of contents of compromise otiose...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Once no decree is passed on basis of earlier compromise, there is no bar from entering into a fresh compromise which may be in variation or completely different to earlier compromise...........
Civil Procedure Code, 1908, Section 100, Order 23, Rule 3 -- Compromise - During pendency of second appeal - Parties entered into compromise and a joint memorandum of compromise duly signed by parties is filed - Second appeal disposed of in terms of compromise...........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 10 -- Compromise - During pendency of second appeal - A party who acquired interest pendente lite, cannot prevent parties from reaching settlement between them and impleading application on behalf of such party need not be entertained, particularly when no such application was filed..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise or consent decree - Can be got set aside on one of grounds on which a contract can be set aside namely if obtained by fraud, misrepresentation or `coercion' with an additional ground in favour of minors or persons of unsound mind...........
