Back
DELHI HIGH COURT
C.HARI SHANKAR
Rahul Singla – Appellant
Versus
Manish Gupta – Respondent
| Table of Content |
|---|
| 1. settlement terms between parties. (Para 1) |
| 2. decree issued based on settlement. (Para 2 , 3 , 4 , 5) |
I.A. 11513/2021 (under Order XXIII, Rules 1 & 2 of the CPC, 1908 - for withdrawal of the suit)
1. This is an application under Order XXIII, Rules 1 & 2 of the CPC, 1908, for withdrawing the suit, as in view of the settlement that has been arrived at between the parties. The terms of settlement, as provided in Para 3 of the application are the following:
"During the pendency of the present proceedings, with the intervention of family and friends, the parties i.e. the plaintiffs and the Defendants have been able to amicably resolve their disputes and such terms of Settlement has been recorded in a Settlement Deed dated 07.09.2021 jointly signed by the parties, which inter-alia provides as under:
a. The Defendants have agreed to pay an amount of Rs.11,00,000/- (Rupees Eleven Lakhs Only) to the Plaintiffs i.e. Rs.5,50,000/- (Rupees Five Lakh Fifty Thousand) only each to Plaintiff No.1 and Plaintiff No. 2 respectively in full and final settlement of all their claims in C.S. (OS) No. 616 of 2018 pending before the Hon'ble High Court of Delhi at New Delhi.
Amicable settlement allows withdrawal of suit and extinguishment of claims upon mutual agreement between parties.
Mutual settlement of disputes allows parties to withdraw claims under Order XXIII Rule 3, leading to court decreeing the suit based on agreed terms.
Settlement terms agreed upon by parties can resolve litigation, requiring court endorsement and issuing of decrees consistent with those terms.
The court supports amicable resolutions in disputes, allowing withdrawal of a suit after mutual settlement between parties.
A civil suit may be withdrawn under Order XXIII Rule 1(4) of the CPC upon mutual settlement, and the plaintiff is entitled to seek a refund of court fees in accordance with the amended provisions of ....
The court recognized that once parties resolve their disputes amicably, the associated petitions can be withdrawn, rendering further adjudication unnecessary.
Court allows settlement between parties under Code of Civil Procedure, confirming binding terms of the Settlement Agreement and disposing of the suit as nothing remains for adjudication.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
