GURPREET SINGH versus CHATUR BHUJ GOEL

GURPREET SINGH versus CHATUR BHUJ GOEL

Under Order XXIII Rule 3 as amended, a compromise arrived at during proceedings must be reduced to writing and signed by parties; absence of such a written agreement means the court cannot enforce the compromise and must decide the appeal on merits.

Parties
Appellant: Gurpreet Singh; Respondent: Chatur Bhuj Goel; Guardian of Appellant: Colonel Sukhdev Singh
Jurisdiction
India
Judgment Date
15 December 1987
Procedural Posture
Civil Appeal / Appeal by Special Leave From Letters Patent Appeal Decision
Outcome
Appeal dismissed
Legal Topics
Compromise in Suits, Order XXIII Rule 3, Specific Performance
Civil Procedure Contract Law Compromise in Suits Order XXIII Rule 3 Specific Performance

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Parties

Gurpreet Singh

Appellant

Chatur Bhuj Goel

Respondent

Colonel Sukhdev Singh

Guardian of Appellant

Procedural Posture

Civil Appeal / Appeal by Special Leave From Letters Patent Appeal Decision

Legal Issues

  1. 1 Whether a compromise between parties in appeal not reduced in writing and signed can be given effect under Order XXIII Rule 3 CPC

Ratio Decidendi

Under Order XXIII Rule 3 as amended, a compromise arrived at during proceedings must be reduced to writing and signed by parties; absence of such a written agreement means the court cannot enforce the compromise and must decide the appeal on merits.

Court Disposition

Appeal dismissed

Orders

  • High Court directed to hear and decide the appeal on merits.
  • No order as to costs.