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Withdrawal and Adjustment of Suits (Order XXIII CPC)

Civil Procedure & Litigation Mechanics

Definition

The statutory framework governing the plaintiff's right to abandon a suit or part of a claim, and permitting the formal compromise or settlement of a suit through a lawful written agreement signed by the parties (Order XXIII Rule 3).

Example

In a trademark battle in Ahmedabad, the parties enter into a written coexistence agreement; they file a joint application under Order XXIII Rule 3 CPC, and the court passes a compromise decree incorporating the terms of the settlement.