M M RAMASWAMY Vs. ASSISTANTCOMMISSIONER DODDABALLAPUR SUB DIVISION

JUDGEMENT

(1.) ORDER dated 31. 5. 2008 passed by the Prl. Civil Judge (Senior Division), Bangalore Rural District, Bangalore on IA-8 filed in o. S. 256/1995 is challenged in this writ petition.

(2.) PETITIONER is the plaintiff before the Court below. He filed OA-8 under Order 23, Rule 3 readwith Section 151 of Code of Civil Procedure, praying the Court below to record the terms and conditions of the agreement dated 4. 5. 1997 entered into by the plaintiff and the 3rd defendant setting the dispute and to pass a decree accordingly. In the affidavit filed in support of the application, plaintiff contended that as the contest was between himself and 3rd defendant and as both of them had settled the dispute by entering into an agreement on 4. 5. 1997, the compromise may be recorded and the Suit may be disposed of in terms thereof. This petition was filed on 19. 12. 1998. The 3rd defendant filed objections denying such an agreement and compromise.

(3.) THE Court below has passed the impugned order rejecting the petition filed under Order 22, Rule 3 CPC holding that the compromise or agreement has to be spelt out in the petition filed under Order 23, Rule 3 of CPC only and not by way of a separate document like Ex. P1. It has further held that the compromise must have been arrived at before the court itself and not outside. The Court below has further observed that once a suit is filed, no agreement or settlement could be reached between the parties except by way of filing a petition under Order 23, Rule 3 CPC as it amounts to sub-judice and the parties are not expected to create any kind of document on their own during the pendency of the dispute. Such arrangement or settlement has to be done only before the Court by invoking the provisions of Order 23, Rule 3 of CPC and not outside the Court, is the view expressed by the Court below. It has further held that if the matter is settled or compromised privately between the parties themselves, they can get the Suit withdrawn or dismissed as settled out of Court and petition under Order 23, Rule 3 CPC, in such circumstances, will not lie.