The Code of Civil Procedure, 1908  - Order XXIII Rule (3) , Order III Rule (4)

Compromise of suit - Order III Rule 4 - Filing of review - Declaration of tile and possession of the land - Suit filed for - The first Appellate Court decreed the suit in favour of the respondent - High Court modified the decree with the consent of both the parties - Whether Review Petition (C) No. D-5/2008 filed before the High Court against the judgment in Second Appeal is maintainable in view of dismissal of SLP (C) No. 10939 of 2008 by this Court filed against the said Second Appeal - Whether the statement of the counsel conveying that the parties have settled and modified the decree without a written document or consent from the appellants is acceptable - Whether dismissal of SLP as withdrawn without leave of the Court to challenge the impugned order therein before an appropriate court/forum is a bar for availing such remedy - Counsel making a statement on instructions either for withdrawal of appeal or for modification of the decree is well within his competence in terms of Order III Rule 4 - The fact not disputed that till filing of the review petition, the appellants did not question the conduct of their counsel in making such statement in the course of hearing of second appeal by writing a letter or by sending notice disputing the stand taken by their counsel - Supreme Court - Even after dismissal of SLP, the aggrieved parties are entitled to move the court concerned by way of review, thus, the review petition filed by the appellants was maintainable but in view of the conduct of the appellants in not raising any objection as to the act of their counsel except filing review petition, the claim of the appellants rejected - Appeals dismissed - No costs.

Topic(s)-Compromise of suit

Important Decision(s)- 

• Decree with the consent of both the parties - Review petition dismissed.
• Aggrieved parties are entitled to move the court concerned by way of review - Maintainable.