G.S. PATEL, J

1. This is a Notice of Motion filed by Defendants Nos. 2 to 6 to the suit. It seeks that the Court do record that the suit has been adjusted wholly by an agreement between the parties and that there has been a compromise, for a decree in those terms and a consequent dismissal of the suit. The submission made by Mr. Jain, learned Advocate for Defendants Nos. 2 to 6, is that under the provisions of Order 23 Rule 3 of the Code of Civil Procedure, 1908 (CPC), where it is proved to the satisfaction of the Court that there exists such an adjustment either in whole or in part by means of lawful agreement or compromise, the Court must order that agreement or compromise to be recorded and must pass a decree. He invites attention to Order 23 Rule 3:

O.23 R.3. Compromise of Suit—Where it is proved to the satisfaction of the Court that suit has been adjusted wholly or in part by any lawful agreement or compromise in writing and signed by the parties, or where the defendant satisfies the plaintiff in respect of 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