Code of Civil Procedure, 1908–Order 23, Rule 3, Proviso–Compromise of suit–Where one party alleges and another party denies adjustment or satisfaction having been arrived at, the Court has to decide the question which necessarily means that irrespective of denial by the other party, the Court can come to a conclusion that a statement indeed has been arrived–Determination made by the Commercial Court simply by indicating that as both parties do not agree to the settlement, no order can be passed–Order is contrary to the express provisions of Proviso to Order 23, Rule 3.
