KRIPAL GARAIN Vs. SHYAM NARAIN

JUDGEMENT

(1.) The question for decision in this revision application, which has been referred to the Division Bench is, as to whether a compromise, which has been arrived at between the parties outside Court, requires a document in writing and signed by the parties for recording the same.

(2.) The relevant facts for decision of this question may be stated here. A money suit, which was registered as Money Suit No. 573 of 1973, was filed by the plaintiff (opposite party 1) in the Court of Munsif, Biharsharif, with a prayer to pass a decree for Rs. 2,450/-, the details of which are given in the plaint, but they are not necessary to be stated here.

(3.) During the pendency of the suit, according to the defendants, a talk of compromise was finalised on 9th August, 1979, according to which the defendants were to pay a sum of Rs. 1,300/- to the plaintiff in full satisfaction of the claim. According to the defendants the said money was to be paid on 20th August, 1979 and on that date the defendants offered the money to the plaintiff, but he refused to take it. Hence, an application was filed in the Court below under O.XXIII, R.3, Civil P.C. to record the compromise. The said application was registered as Miscellaneous Case No. 39 of 1979.