Application for Compromise of Suit (1)

8/18/2019 Application for Compromise of Suit (1)

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APPLICATION FOR COMPROMISE OF SUIT

DRAFTING, PLEADING AND CONVEYANCING

Submitted to:

Miss. MADU RANA

Submitted !Y:

A"us#i S$i%&st&%&

Ro'' No. ()*((+

Semeste$ VIII

DAMODARAM SANIVAYYA NATIONAL LA- UNIVERSITY

VISAAPATNAM

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ACNO-LEDEMENT

I would like to thank my Drafting, Pleading and Conveyancing lecturer, Miss. Madhu Rana,

for giving me this opportunity of doing a project, for guiding me during the making of this

project on the topic /pplication for Compromise of !uit".

#ast $ut not the least% I am thankful for my seniors& and friends& help in the editing and

formatting the content.

A"us#i S$i%&st&%&

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Abst$&0t

A11'i0&tio2 3o$ Com1$omise o3 Suit

'here it is proved to the satisfaction of the Court that a suit has $een adjusted wholly or in part

$y any lawful agreement or compromise in writing and signed $y the parties, or where the

defendant satisfies the plaintiff in respect of the whole or any part of the su$ject matter of the

suit, the Court shall order such agreement, compromise or satisfaction to $e recorded, and shall

pass a decree in accordance therewith so far as it relates to the parties to the suit, whether or

not the su$ject matter of the agreement, compromise or satisfaction is the same as the su$ject

matter of the suit( Provided that where it is alleged $y one party and denied $y the other that an

adjustment or satisfaction has $een arrived at, the Court shall decide the )uestion% $ut no

adjournment shall $e granted for the purpose of deciding the )uestion, unless the Court, for

reasons to $e recorded, thinks fit to grant such adjournment. *+planationn agreement or

compromise which is void or voida$le under the Indian Contract ct, -/0 12 of -/03, shall

not $e deemed to $e lawful within the meaning of this rule.

P$ob'em 3o$ Com1$omise o3 Suit

Mr. Miglani is the resident of 4lat 5o. 06-, Dwarapu Madhav partment, #awson&s 7ay

Colony, 8isakhapatnam. Mr. 9apoor is the resident of :;06-= dated 0=th 5ovem$er, 06-=. fter the completion of 0 months

there was no response from Mr. 9apoor. ?n asked $y Mr. Miglani on - st 4e$ruary, 06-= via an

email there was no response. @hen after a continuous series of failed trial $y Mr. Migalani,

again a message was sent through whatsapp reminding him of the same on th March 06-< as

Mr. 9apoor had $locked Mr. Miglani&s num$er, it was also found that even after Mr. 9apoor

had read Mr. Miglani&s te+t message he did not reply and $locked him immediately itself.

#uckily, on -

th

pril, 06-< Mr. Miglani was walking and came across Mr. 9apoor, on $eingasked a$out the amount Mr. 9apoor asked for an e+tension of period and promised to pay,

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within a month i.e., $y -th May, 06-


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I2t$odu0tio2

Com1$omise o3 Suit

It is open to the parties to compromise, adjust or settle a suit $y an agreement or compromise.

@he general principle is that all matters which can $e decided in a suit can also $e settled $y

means of a compromise-.

!u$de2 o2 P&$ties

In case of 7anwari #al v Chando Devi0, it was held that a court passing a compromise decree

performs a judicial act and not a ministerial act. @herefore, the court must satisfy itself that the

agreement is lawful and it can pass a decree in accordance with it and that such decree can $e

enforced against all the parties to the compromise. If the compromise is not lawful, an order

recording compromise can $e recalled $y the court 1IR -22: !C --:23.

-#e2 &''es

1 Prithvichand v !. G. !hinde IR -22: !C -202

2 IR -22: !C --:2

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*. Gu$1$eet Si2


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signed $y the parties should $e dispensed with. @he court must therefore insist upon the parties

to reduce the terms into writing.

0. Pus#1& De%i !#&


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Ame2dme2ts

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writing, considers it highly pro$a$le that the suit will $e compromise on or $efore the date to

which the court purposes to adjourn the hearing.";

P$ob'em 3o$ Com1$omise o3 Suit

Mr. Miglani is the resident of 4lat 5o. 06-, Dwarapu Madhav partment, #awson&s 7ay

Colony, 8isakhapatnam. Mr. 9apoor is the resident of :;06-= dated 0=th 5ovem$er, 06-=. fter the completion of 0 months

there was no response from Mr. 9apoor. ?n asked $y Mr. Miglani on - st 4e$ruary, 06-= via an

email there was no response. @hen after a continuous series of failed trial $y Mr. Migalani,

again a message was sent through whatsapp reminding him of the same on th March 06-< as

Mr. 9apoor had $locked Mr. Miglani&s num$er, it was also found that even after Mr. 9apoor

had read Mr. Miglani&s te+t message he did not reply and $locked him immediately itself.

#uckily, on -th pril, 06-< Mr. Miglani was walking and came across Mr. 9apoor, on $eing

asked a$out the amount Mr. 9apoor asked for an e+tension of period and promised to pay,

within a month i.e., $y -th May, 06-www.lawQonline.com>$areacts>civilprocedure

code>order0:rule:codeofcivilprocedure.htm, rticle( ?rder 0: of Code of Civil Procedure, #astvisited on -;th March 06-; at 62(0- pm.

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http://www.lawzonline.com/http://www.lawzonline.com/http://www.lawzonline.com/http://www.lawzonline.com/bareacts/civil-procedure-code/order23-rule3-code-of-civil-procedure.htmhttp://www.lawzonline.com/bareacts/civil-procedure-code/order23-rule3-code-of-civil-procedure.htmhttp://www.lawzonline.com/bareacts/civil-procedure-code/order23-rule3-code-of-civil-procedure.htmhttp://www.lawzonline.com/http://www.lawzonline.com/bareacts/civil-procedure-code/order23-rule3-code-of-civil-procedure.htmhttp://www.lawzonline.com/bareacts/civil-procedure-code/order23-rule3-code-of-civil-procedure.htm


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case of any delay the amount to $e charged with a daily interest of B. Mr. Miglani now wants

to write an application for compromise of suit in this regard.

So'utio2

APPLICATION FOR COMPROMISE OF SUIT

IN TE DISTRICT COURT OF VISAAPATNAM

ANDRA PRADES

CIVIL SUIT NO. (5( OF ()*6

In the matter of(

M$. R&m Mi


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A11'i0&tio2 Fo$ T#e Com1$omise O3 Ci%i' Suit No. 55 O3 ()*+

@he applicant respectfully states as follows(

-. @hat the applicant is Mr. Ram Miglani, !>? Mr. 8ijay Miglani, R>? 4lat 5o. 06-, Dwarapu

Madhav partment, #awson&s 7ay Colony, 8isakhapatnam, hereinafter shall $e addressed

as applicant.

0. @hat the opposite party is Mr. !hyam 9apoor, !>? Mr. numay 9apoor, R>? :;06-<

dated 0=th 5ovem$er, 06-=.


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opposite party $ut all in vain. 4inally, on ; th 5ovem$er, 06-06-;.

In the light of the a$ove mentioned facts and circumstances, the applicant prays the Jon&$le

Court to(

-. ccept the proposal for the settlement dated -=th March, 06-;, under the settlement

deed 5o. 60>06-;.

0. Make such an order or orders as the Jon&$le Court deems fit.

Place( 8isakhapatnam 1!ignature of the pplicant3

Date( -2th 4e$ruary 06-; Mr. Ram Miglani

dvocate for the pplicant

AFFIDAVIT

In the Court of

In the Civil !uit 5o.

In the matter of(

Mr. Ram Miglani...1pplicant3

!>? Mr. 8ijay Miglani

R>? 4lat 5o. 06-,

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Dwarapu Madhav partment,

#awson&s 7ay Colony,

8isakhapatnam

? Mr. numay 9apoor

R>? :;


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!I!LIOGRAPY

!ooBs:

-. Austice P.!. 5arayana, Civil Pleadings Practice along with Model 4orms, -6 *d,

llaha$ad #aw Jouse, 06-

Documents

Application for Compromise of Suit (1)