Compromise Petition Under Order XXIII Rule 3 CPC
A Compromise Petition is a joint filing by the plaintiff and defendant to inform the court that they have amicably settled the disputes in a pending civil suit. It places the terms of their private settlement on the court record and seeks a binding decree in accordance with those terms.
This petition is the procedural step that converts a private agreement into an executable court order. Once the court is satisfied that the compromise is lawful, it passes a compromise decree and disposes of the suit.
- Governing law
- Code of Civil Procedure, 1908 — Order XXIII Rule 3 (a lawful compromise or adjustment of a suit is recorded and a decree passed in accordance with its terms)
- Sections
- s. Order XXIII Rule 3
- Filed before
- The civil court where the suit is pending (Trial Court / High Court)
When this is the right filing
- When parties to a pending civil suit have reached an amicable, out-of-court settlement and want the court to record it.
- To obtain a compromise decree that makes the settlement terms enforceable as a court order.
- When the defendant has satisfied or agreed to satisfy the plaintiff's claim in whole or in part.
- For all categories of civil suits settled by parties, including specific performance, recovery of money, injunction, declaration, and partition between non-family members.
- Do not use this petition to challenge or modify an existing court order; that requires a separate application invoking the court's inherent powers.
What the court looks for
- Proof that the suit has been adjusted wholly or partly by a lawful agreement or compromise.
- A clear statement that the settlement is voluntary and free from coercion or fraud.
- The complete and unambiguous terms of the compromise agreed upon by both parties.
- Joint signatures of all necessary parties or their authorised representatives.
- A supporting affidavit verifying the facts and the genuineness of the compromise.
The structure the court expects
The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.
- 1Cause title
- 2Petition
- 3Terms of compromise
- 4Prayer
- 5Affidavit
- 6Verification
1. That I am the Plaintiff in the above suit and am fully conversant with the facts and circumstances of the case and am competent to swear this affidavit.
Bracketed items are filled from your case.
Frequently asked questions
How is this petition different from a private compromise deed?
A private compromise deed is a contractual document signed out of court. This petition is the in-court filing that presents that deed to the court. Without this petition and the resulting decree, the compromise cannot be enforced as a court order and the suit remains pending.
Can this petition be filed if the suit is only partly settled?
Yes. Order XXIII Rule 3 CPC expressly allows the court to record a compromise that adjusts the suit wholly or in part. The court will pass a decree for the settled portion and the suit may continue for the remaining unsettled issues.
What happens after the court passes a compromise decree?
The suit is disposed of in terms of the compromise. The decree is executable, meaning if any party breaches the settlement terms, the other party can initiate execution proceedings directly on the strength of that decree.
Free trial · Drafting assistance, not legal advice — always verify before filing.
More civil formats
- Affidavit in Support of Pleading under Order XIX Rule 3 CPC
- Appeal under Section 37 of the Arbitration and Conciliation Act, 1996
- Application for Condonation of Delay under Section 5 Limitation Act
- Application Under Order XXXIX Rule 2A CPC for Disobedience of Injunction
- Application for Impleadment of Party under Order I Rule 10 CPC
- Application for Recall, Modification or Clarification of an Order under Section 151 CPC
- Application for Restoration of Suit or Appeal Dismissed in Default
- Application for Substitution of Legal Representatives under Order XXII CPC