Law: Civil Procedure Code (V of 1908)

Section: 3,141,13

(a) Civil Procedure Code (V of 1908), O. XXIII, r.3 read with S. 141-Word "suit" in O. XXIII, r. 3-Includes ancillary proceed ings-Provisions of O. XXIII, r. 3 applicable in all subsequent proceedings which may have effect of-re-opening of decree passed in suit-Civil Procedure Code (V of 1908), O. IX, r.13.   A suit for specific performance was disposed of by the passing of an ex parte decree. The defendant applied under Order IX, rule 13, C. P. C. for setting aside of the ex parte decree. During the pendency of the proceeding, under Order IX, rule 13, an application, under Order XXIII, rule 3, C. P. C., was filed setting out terms of compromise between the parties with regard to suit itself. The defendant subsequently objected to the terms of compromise and it was urged that the provisions of Order XXIII, rule 3, C. P. C. are applicable during the trial of a suit only and have no manner of application to any other proceeding:   Held, that Order XXIII, rule 3, of the Civil Procedure Code, 1908, itself does not specifically state as to whether its provisions are to be confined to trial of suits only. But the provisions of the rule relate to a suit and authorise the passing of a decree in accordance with the terms of compromise which may be received. To this extent it is correct to say that the provisions quoted above relate to a suit. But, there is no warrant for traveling to the opposite conclusion that the said rule 3 of Order XXIII has no manner of application to a proceeding other than the trial of a suit. The rule is directed towards the reception or rejection of terms of compromise in a suit. This is clear. Therefore, if the terms of compromise put in by parties relate to a suit or a decree passed in a suit, it is clear that the rule itself, that is, Order XXIII, rule 3, can be applicable to a proceeding which may have the effect of re-opening a decree which may dispose of the suit in a particular manner. Normally, a compromise with regard to .any adjustment relating to a suit would be filed prior to its final disposal as embodied in a decree. But, subsequent proceedings to a suit may have the effect of re opening the suit itself and,…