Compromise - Decree - Other than Subject-Matter.....!
- Basically by lawful agreement or compromise wholly or partly suit be adjusted and court may pass compromise decree wholly or partly.
- The lawful agreement or compromise be in writing and signed by parties to suit.
- In fact there is no bar / restrictio that lawful compromise be other than subject matter it means compromise may include other property which is not subject matter of the suit.
- In case of minor parties to suit without leave of court no guardian or next friend shall enter into any agreement or compromise .
- Also in case of minor the certificate of pleader (advocate) explaining that the agreement or compromise proposed is in his opinion for benefit of the minor is required.
- If any agreement or compromise entered into without the leave of the court so recorded shall be voidable against all parties other than the minor.
== Relevant Provision =
- Order 23 of C.P.C.
- Order 32 of C.P.C.
== Judgements =
- Star Construction and Transport Co.and others v/s The India Cements Ltd. A.I.R.2001 S.C.941=2001(1)Non.C.J.845=(2001)3SCC 351.
- Mathulla Verghese v/s Vijaya Rajaratnam 2001(1)All.M.R.373=2001(3) Bom C.R.205.
- Indrayani Foods Ltd v/s Pam-Pac Machines Pvt.Ltd.Mumbai 2012 (1) Mh.L.J.741.
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