Section 88 in Standing Order No. 2 Of The Financial Commissioner Himachal Pradesh
88. Decree based on compromise.
- When a decree is to be passed on the basis of a compromise, the court should order the terms of compromise to be recorded in accordance with the provisions of Order XXIII, rule 3, Civil Procedure Code, and then pass a decree in accordance with the terms. When, however, the compromise goes beyond the subject-matter of the suit, a decree can be passed only in so far as it related to the suit.As regards the proper form of decree in the latter class of cases, the direction of their Lordships of the Privy Counsel in 'Hemant Kumari Devi v. Midapur Zamindari Company' (46 IA 240 and 244 and ILR 18 Cal 485) should be followed.When any of the parties to the case are minors care should be taken to see whether the compromise is to their benefit and record a finding to that effect if the compromise is sanctioned and made the basis of a decree.Section NAppeals(See Chapter 14, Volume I ibid)
