Are Appeals Against Order XXIII Rule 3 Maintainable?





Kavya Tekriwal & Karan Scaria, Jindal Global Law School


A critical analysis of Pushpa Devi Bhagat v Rajinder Singh and Ors. (2006) 5 SCC 566


WHAT IS A COMPROMISE?


The word ‘compromise’ means settling a dispute with the mutual consent of parties. When such compromise is made, a litigation battle is put an end to. For suits filed in courts, it is up to the discretion of the parties to the suit, to compromise by agreement. In fact, the case of Hiralal Moolchand v. Barot Raman Lal1, laid down a general principle which stated that if a dispute can be resolved by suits, they can also be resolved with the help of a compromise. Therefore, a provision in the Civil Procedure Code (hereinafter referred to as ‘the Code’) has been given for the withdrawal or compromise of a suit.

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