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Checking relevance for Pushpa Devi Bhagat (D) Th. LR. Sadhna Rai VS Rajinder Singh...
2006 5 Supreme 403 : Yes, a compromise between the plaintiff and two out of seven defendants can be recorded under Order 23, Rule 3 of the Civil Procedure Code, 1908, provided the compromise is in writing and signed by the parties or their duly authorized representatives. The court may record such a compromise if it is satisfied that the suit has been adjusted either wholly or in part by the compromise, and that the terms are lawful. The expression ''''in writing and signed by parties'''' includes statements made by counsel or pleaders duly authorized by the parties, as evidenced by a vakalatnama, and recorded by the court on oath and signed by the parties or their authorized representatives. In this case, the compromise was made by counsel for the plaintiff and the two defendants, who were duly authorized, and their statements were recorded by the court and signed, thereby satisfying the requirements of Rule 3 of Order 23 CPC.Checking relevance for Ajad Singh @ Ajad VS Chatra...
Checking relevance for TRILOKI NATH SINGH VS ANIRUDH SINGH(D) THR. LRS...
2020 0 Supreme(SC) 366 : Yes, a compromise between the plaintiff and two defendants out of seven defendants can be recorded under Order 23 Rule 3 of the Civil Procedure Code, 1908, provided the compromise is lawful, in writing, and signed by the parties involved. The rule permits recording of a compromise that adjusts the suit wholly or in part, even if only some of the parties are involved, as long as the agreement is lawful and satisfies the court''''s satisfaction. The court may record such a compromise and pass a decree in accordance with it, even if the subject-matter of the compromise differs from the original suit. However, the compromise must not be void or voidable under the Indian Contract Act, 1872. The validity of the compromise is determined by the court before whom the matter is raised, and no suit can be filed to set aside the decree on the ground that the compromise was not lawful, as per Rule 3A of Order 23 CPC.Checking relevance for Sree Surya Developers and Promoters VS N. Sailesh Prasad...
2022 3 Supreme 1 : Yes, a compromise between the plaintiff and two defendants out of seven defendants can be recorded under Order 23 Rule 3 of the Civil Procedure Code, 1908, provided the compromise is lawful, in writing, and signed by the parties involved. The court has the power to record such a compromise if it is satisfied that there is a valid agreement between the parties. However, the validity of the compromise must be determined by the court recording it, and the compromise must not be void or voidable under the Indian Contract Act, 1872. The court must examine whether the compromise is lawful, and if it is found to be void or voidable, it cannot be recorded. Importantly, no independent suit can be filed to set aside a compromise decree on the ground that the compromise was not lawful, as per Order 23 Rule 3-A CPC. The only remedy available is to file an application before the same court that recorded the compromise, under the proviso to Rule 3 of Order 23, to challenge the validity of the compromise.Checking relevance for R. JANAKIAMMAL VS S. K. KUMARASAMY(DECEASED) THROUGH LEGAL REPRESENTATIVES...
Checking relevance for Trinity Infraventures Ltd. VS M. S. Murthy...
2023 0 Supreme(SC) 585 : The legal document confirms that under Order XXIII Rule 3 of the Civil Procedure Code, 1908, a compromise between some of the parties (specifically, plaintiff Nos. 1 and 2 and certain defendants) can be recorded, and a preliminary decree can be passed based on that compromise. It explicitly states that the parties who entered into the compromise filed an application under Order XXIII Rule 3 for recording the compromise and for passing a preliminary decree, involving only some of the defendants and the plaintiff(s). Therefore, the recordation of a compromise involving the plaintiff and 2 out of 7 defendants is permissible under Order 23 Rule 3.Checking relevance for Subramanian vs R.Sivakumar...
2024 0 Supreme(Mad) 2579 : Under Order 23 Rule 3 of the Civil Procedure Code, 1908, a decree can be passed in respect of part of the subject matter of the suit on a compromise without waiting for the determination of other questions. The plaintiff has the prerogative to enter into a compromise with some defendants (even if only two out of seven) and to seek exoneration of those defendants. The court may record such a compromise and exonerate the defendants involved, provided the compromise is genuine and not collusive. However, in partition suits, the court must ensure that all co-owners remain parties to the suit to facilitate comprehensive adjudication of rights and claims. While the plaintiff''''s right to compromise with certain defendants is recognized, the court may set aside exoneration if it undermines the legal integrity of the suit or if there is evidence of collusion, as seen in the case where exoneration of defendants 12 to 16 was reversed due to lack of judicial rationale and contested claims.
