AIR 1988 SUPREME COURT 400 ::1988 (1) Rev LR 413 ::1988 SCFBRC 113 ::1988 Cri App R (SC) 302 ::1988 RevLR 1 413 ::(1988) 1 RRR 7 ::1988 Punj LJ 118 ::(1989) 1 LS 1 ::(1988) MahLR 405 ::(1988) 1 LS 1 ::1988 (1) SCC 270 ::1989 AllCriR 15 ::1988 AllCriC 537 ::1988 (1) Civ LJ 390 ::(1988) 1 All RentCas 145 ::1989 SCC (Cri) 353 ::1989 CriLR(SC MAH GUJ) 101 ::1988 (1) CurCC 135 ::(1988) 1 APLJ 7 ::(1988) BLJ 394 ::1988 HRR 363 ::1988 EastCriC 695 ::(1988) Mah LJ 209 ::(1988) MPLJ 1 ::(1988) 1 Kant LJ 330 ::(1988) Raj LR 68 ::(1988) 2 Pun LR 365 ::1988 2 Reports 214 ::1989 SCC (Supp) 1 232 ::(1988) 1 SCJ 158 ::1988 (1) Crimes 188 ::(1989) 1 Crimes 183 ::(1987) 4 JT 665 (SC) ::1987 5 JT 665 ::(1988) 4 JT 298 (SC) ::1988 4 JT 298

Supreme Court Of India

(From : Punjab and Haryana)

Hon'ble Judge(s): A. P. Sen, B. C. Ray , JJ

Civil P.C. (5 of 1908) , O.23 R.3— Compromise of suit - Compromise entered into during hearing of suit or appeal - Court must insist that compromise be reduced in writing and signed by the parties. AIR 1983 Punj and Har 393, Overruled. Under R.3 as it now stands, when a claim in suit has been adjusted wholly or in part by any lawful agreement or compromise, the compromise must be in writing and signed by the parties and there must be a completed agreement between them. To constitute an adjustment, the agreement or compromise must itself be capable of being embodied in a decree. When the parties enter into a compromise during the hearing of a suit or appeal, there is no reason why the requirement that the compromise should be reduced in writing in the form of an instrument signed by the parties should be dispensed with. The Court must therefore insist upon the parties to reduce the terms into writing.(Para 10 11) The plea that the words "in writing and signed by the parties" qualify the words "any lawful agreement or compromise" appearing in the first part of the Rule which refers to an adjustment or settlement of the claim in suit by a lawful agreement or compromise outside the Court, meaning thereby that where the parties make a statement before the Court that the dispute between them has b....