2011 AIR CC 2256 (MAD)

Madras High Court

Hon'ble Judge(s): R. S. Ramanathan , J

(A) Civil Procedure Code (5 of 1908) O. 23, R. 3, O. 20, R. 18 — Compromise decree — Suit for partition — Parties arrived at a compromise and a memo of compromise was also drawn up and that was filed before Court and in that memo of compromise, parties have been allotted specific properties — Court has also received memo of compromise and passed an order recording same — Therefore, once a compromise memo has been filed and accepted by parties, duty of Court is to record compromise and pass a decree in accordance therewith — Instead Court adjourned case for payment of Court fee and for passing final decree which was not necessary as properties were allotted to parties and no further enquiry was required to be conducted for passing final decree — Subsequent dismissal of suit for default for not furnishing stamp papers by plaintiff — Not proper — Remedy was to adjourn case for furnishing stamp papers (Paras 14, 27)