New 55% Off on All Courses - Enroll Now! Click Here

    Question

    If the parties to suit make a legal agreement while the

    suit is pending what would judge do?
    A Ignore the legal agreement and pass the judgement Correct Answer Incorrect Answer
    B Adjudicate the suit on merits irrespective of the legal agreement Correct Answer Incorrect Answer
    C Order the legal agreement to be recorded and pass a decree Correct Answer Incorrect Answer
    D Order the legal agreement to be recorded and take evidence based on that Correct Answer Incorrect Answer
    E Dismiss the suit and record the legal agreement Correct Answer Incorrect Answer

    Solution

    Order XXIII Rule 3 Compromise of suit—Where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise in writing and signed by the parties or where the defendant satisfied the plaintiff in respect to the whole or any part of the subject-matter of the suit, the Court shall order such agreement, compromise or satisfaction to be recorded, and shall pass a decree in accordance therewith so far as it relates to the parties to the suit, whether or not the subject matter of the agreement, compromise or satisfaction is the same as the subject-matter of the suit: Provided that where it is alleged by one party and denied by the other that an adjustment or satisfaction has been arrived at, the Court shall decide the question; but not adjournment shall be granted for the purpose of deciding the question, unless the Court, for reasons to be recorded, thinks fit to grant such adjournment.

    Practice Next