Section 118: Procedures for making compromise

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1) The parties shall, if they desire to compromise a case pursuant to Section 117, submit to the court a joint petition, bearing the signature or thumb impression of both the parties, setting out the terms of compromise intended to be made within the limits of the plaintiff’s claim.

2) If a petition containing the terms of compromise is submitted to the court pursuant to sub-section (1), the court shall read out the petition to the parties and ask the parties making such petition whether they intend to enter into compromise with free will and consent or not.

3) If, in response to a question asked pursuant to sub-section (2), the parties reply that they are willing to compromise with free will and consent, the judge trying the case shall prepare a deed of compromise subject to the terms contained in the joint petition and take the signature or thumb impression of the parties and affix his or her signature on the deed.

4) Except in cases where any one has been authorized by a power of attorney to enter into compromise pursuant to this Chapter, while entering into compromise through an attorney, a separate deed of consent executed by the party to that effect shall be submitted.

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Section 118: Procedures for making compromise

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