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Fajaleh Ali Miah Vs. KamaruddIn Bhuya - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1886)ILR13Cal170
AppellantFajaleh Ali Miah
RespondentKamaruddIn Bhuya
Excerpt:
compromise of suit - compromise extending beyond the terms of the suit--civil procedure code (act xiv of 1882), section 375--compromise, modification of terms of. - wilson and porter, jj.1. the only compromise which a court can in any case be bound under section 375 of the civil procedure code to enforce is one which adjusts the suit wholly or in part-not one which goes beyond the suit.2. the compromise proposed in the present case embodies a new contract, much wider in its scope than the mere adjustment of the claim in suit. we think, therefore, that the small cause court judge is not bound to enforce it, and, if not so bound, he is certainly right to refuse.3. he cannot, however, modify it. he must leave the parties to proceed with the case as they may choose.
Judgment:

Wilson and Porter, JJ.

1. The only compromise which a Court can in any case be bound under Section 375 of the Civil Procedure Code to enforce is one which adjusts the suit wholly or in part-not one which goes beyond the suit.

2. The compromise proposed in the present case embodies a new contract, much wider in its scope than the mere adjustment of the claim in suit. We think, therefore, that the Small Cause Court Judge is not bound to enforce it, and, if not so bound, he is certainly right to refuse.

3. He cannot, however, modify it. He must leave the parties to proceed with the case as they may choose.


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