Fajaleh Ali Miah vs Kamaruddin Bhuya on 10 July, 1886

Calcutta High Court
Fajaleh Ali Miah vs Kamaruddin Bhuya on 10 July, 1886
Equivalent citations: (1886) ILR 13 Cal 170
Author: W A Porter
Bench: Wilson, Porter


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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