Compromise Decree: Appeal And Operation Of Res Judicata

Jayanth Kumar H, NLSIU, Bangalore

Introduction

'Compromise' refers to a resolution of any disagreement that is accepted by all parties. A legal dispute ends when such a compromise is reached. It is generally understood that any issue that can be resolved through litigation may also be resolved by compromise1. The term "compromise" essentially means settlement of dispute by mutual consent. In such process, the adversarial claims come to rest. The cavil between the parties is given a decent burial. A compromise arrived at by the parties puts an end to litigative battle. Sometimes parties to a dispute feel that it is an unfortunate bitter struggle and allow good sense to prevail to resolve the dispute. In certain cases, by intervention of well-wishers, conciliatory process commences and eventually, by consensus and concurrence, rights get concretized. A reciprocal settlement with clear mind is regarded as noble. It signifies magnificent and majestic facets of human mind2.