High CourtsDivision Bench

Fajaleh Ali Miah vs Kamaruddin Bhuya

Calcutta High Court · Decided on 10 July 1886 · Citation: (1886) ILR (Cal) 170

HON’BLE JUDGES
Wilson, J · Porter, J

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Judgment

3 paragraphs · 110 words

Wilson and Porter, JJ.—The only compromise which a Court can in any case be bound u/s 375 of the CPC 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.