MANMOHAN SINGH DHALIWAL Vs. GURBAX SINGH ARORA

JUDGEMENT

(1.) Through IA No. 4726/2000 moved under Section 151 of the Code of Civil Procedure, the applicant/plaintiff has sought recall or setting aside of the order dated 18th April, 2000 whereby the suit filed by him was purporatedly withdrawn in terms of the application under Order 23 Rule 3, CPC moved by the attorney of the applicant and the respondents jointly.

(2.) Order 23 Rule 3, CPC is invoked where the parties settle their disputes by themselves. There are certain legal and factual aspects the Court is required to satisfy itself while dealing with the suit under under 23 Rule 3, CPC. These are -

(3.) Any agreement or compromise which is void or voidable under Section 23 of the Indian Contract Act, 1872 is not deemed to be lawful within the meaning of this rule.