Supreme Court · 1997 INSC 97 · Decided 3 February 1997

Jaywantraj Punamiya and ORS. v. M/S. H. Choksi and CO. PVT. LTD.

Court
Supreme Court of India
Citation
1997 INSC 97 · [1997] 1 S.C.R. 862
Case number
CIVIL APPEAL No. 702/1997
Decided
3 February 1997
Bench
K. RAMASWAMY, G.T. NANAVATI (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC

Headnote

Code of <;ivil Procedure 1908 : Order 23-'-Rule 3. Compromise decree-En[ orceability of-Application for recording com- e promise filed by parties during pendency 'of appeal-Refusal by appellate Court to record compromise-High Court recording a finding that it being a compromise contingent upon 3-Appea~eld the compromise was a contingent contract dependel!f upon action of third party-Hence it cannot be D said that there was complete agreement-Thus the very object of recording the compromise was to ensure that the dispute 'reaches its finality and does not lead to further litigatiort-ln

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