Lawstreet Journal

Statements Recorded Before Court Hold Equal Sanctity as a Written Instrument of Compromise: P&H High Court

Lawstreet Journal 21 Oct 2020 9:52pm

Image courtesy: Lawstreet Journal Judiciary Statements Recorded Before Court Hold Equal Sanctity as a Written Instrument of Compromise: P&H High Court

Punjab and Haryana HC in a case held that “Statements recorded before a Judicial officer in a court of law cannot be said to have lesser sanctity than an instrument of compromise drawn outside the court attested by some oath commissioner notary public or any other authority”. 

The observation was made by Hon’ble Justice Gurvinder Singh Gill while dismissing a Revision Petition filed by a tenant, against the order of compromise passed by the Appellate Authority under the Haryana Urban (Control of Rent& Eviction) Act, 1973. 

The background of the present case is that proceedings were initiated by the landlord- Respondent against tenant-Petitioner for eviction. The petitioner was directed to clear rent arrears by the Rent controller. The order was assailed by the Petitioner before the Appellate Authority which ultimately recorded a compromise between the parties. 

However, the Petitioner has redacted from his statements the very next date and moved the application alleging that he was “allured” into making a statement qua compromise by his counsel and landlord, seeking disposal of his appeal on merits. 

Reliance was placed on Gurpreet Singh v. ChaturBhoj Goel, 1988 (1) SCC 270 were by the Supreme Court interpreted Order 23, Rule 3 (Compromise of Suit) of CPC and held that the requirement of a written compromise is mandatory.

The Court in the present case, (LachhmanDass v. Amarjit Singh Sahni) held that “A certain sanctity is attached to a statement made by a party in the Court and it has to be presumed that the same was recorded voluntarily. In… Continue Reading...

Tagged: Punjab and Haryana High Court  
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