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Criminal Procedure Code QUESTION #9521
Question 1
A civil suit is decreed in favour of A. B files an appeal, which is admitted. During the appeal, both parties enter a compromise settling all claims. The appellate Court is asked to pass a decree in terms of the compromise under Order XXIII Rule 3. B later argues the compromise was made under coercion and seeks to have it set aside. How should B proceed?
  • Apply within the same proceedings before the appellate Court to show that the compromise was not lawful, since Order XXIII Rule 3 CPC requires the Court to be satisfied that the compromise is lawful before recording it✔️
  • File a revision petition before the High Court
  • File a criminal complaint for coercion
  • File a separate suit to set aside the compromise
Correct Answer Explanation
Order XXIII Rule 3 CPC requires the Court to be satisfied that a compromise is not unlawful before recording it. If B can show that the compromise was made under coercion or duress, he can raise this before the same Court which was asked to pass the compromise decree. The Court investigates the validity of the compromise before making it a rule of the Court.