S.S.SANDHAWALIA, J.

1. The true import of O.23, R.3. Civil P.C., in the context of a satisfaction of the plaintiff by the defendant in respect of the whole or any part of the subject-matter of the suit rested on the statement of the respective counsel of the parties in Court, is the spinal question which necessitated this reference to the Division Bench.

2. The issue aforesaid arises out of a suit for specific performance. The case of the plaintiff-respondent herein was that he had paid Rs. 40,000.00 by way of earnest money for the purchase of the property. When the suit had reached the stage of arguments the learned counsel for the parties on March 21, 1982, made the following statement before the Court, which was duly recorded on the said date :-

"Statement of counsel for the parties. The parties have compromised. The defendants shall pay Rs. 22,000.00 to the plaintiff. The suit for the plaintiff may accordingly be decreed and rest of his claim may be dismissed. The defendants shall deposit the money in Court on 15-6-1982. In case he fails to deposit the money in the Court on 15-6-1982, then he would be liable to pay Rs. 40,000.00 to the plaintiff. RO and AC Sd/- Addl. Se