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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XXIII: Withdrawal And Adjustment Of Suits

Order XXIII Rule 3 CPC: Compromise of suit

Bare Act text

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.]

[Explanation.— An agreement or compromise which is void or voidable under the Indian Contract Act, 1872 (9 of 1872), shall not he deemed to be lawful within the meaning of this rule.]

Amendment notes

  1. Ins. by Act 104 of 1976, s. 74 (w.e.f. 1-2-1977).
  2. Subs. by s. 74, ibid., for certain words (w.e.f. 1-2-1977).

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

Where a suit is adjusted wholly or in part by a lawful agreement or compromise in writing and signed by the parties, or the defendant satisfies the plaintiff's claim, the Court must order it recorded and pass a decree in accordance with it, even if it extends beyond the subject-matter of the suit. If one party alleges and the other denies an adjustment, the Court decides the question, and adjournment is allowed only for recorded reasons. An agreement void or voidable under the Indian Contract Act is not lawful for this rule. Amended in 1976.

Order XXIII: Withdrawal And Adjustment Of Suits

  1. 1 Withdrawal of suit or abandonment of part of claim
  2. 1A When transposition of defendants as plaintiffs may be permitted
  3. 2 Limitation law not affected by first suit
  4. 3 Compromise of suit
  5. 3A Bar to suit
  6. 3B No agreement or compromise to be entered in a representative suit without leave of Court
  7. 4 Proceedings in execution of decrees not affected