Mehraj Ahmad Ganai and Anr. v. Mst. Sara Begum & Ors., 2025
It reinforces the absolute right of plaintiffs/appellants to withdraw without being forced to continue litigation.
Judgement Details
Court
Jammu & Kashmir High Court
Date of Decision
21 December 2025
Judges
Justice Sanjay Dhar
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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An appellate order dated 23.01.2019 dismissed an appeal as withdrawn.
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A written compromise was placed on record, but the appellate court did not:
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Record the statements of parties,
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Record satisfaction about the compromise, or
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Pass a decree in terms of the compromise.
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The Principal District Judge, Kulgam, treated the withdrawal as a compromise decree and passed an impugned order restoring the appeal.
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The appellant challenged this order before the High Court.
Issues
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Whether a withdrawal of an appeal under Order XXIII Rule 1 CPC can be treated as a compromise decree under Order XXIII Rule 3 CPC merely because a written compromise is filed?
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Whether the appellate court had jurisdiction to restore an appeal dismissed as withdrawn?
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Whether Section 151 CPC could be invoked to override the statutory right to withdraw a suit or appeal?
Held
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Withdrawal of an appeal cannot be equated with a compromise decree unless the court:
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Records statements of parties,
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Records satisfaction, and
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Passes a decree under Order XXIII Rule 3 CPC.
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The appellate court cannot compel the appellant to pursue an appeal once they choose to withdraw.
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Revenue authorities or other forums wrongly treating withdrawal as a compromise decree have remedies outside the present dispute.
Analysis
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Clarifies the distinction between Order XXIII Rule 1 CPC (withdrawal) and Order XXIII Rule 3 CPC (compromise decree).
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Reinforces the absolute right of plaintiffs/appellants to withdraw without being forced to continue litigation.
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Confirms that inherent powers under Section 151 CPC cannot override an express statutory right.
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Protects against misinterpretation of withdrawal orders as compromise decrees by courts or authorities.
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Prevents jurisdictional overreach by lower courts.