Disposal of suit under Order XXIII Rule 3 & Mediation and Conciliation Rules of 2004: a written agreement and signed by parties to the suit

In a recent judgment, the Delhi High Court observed in a reference under Section 113 of the Civil Procedure Code, 1908 on the Mediation and Conciliation Rules of 2004, that if there exists an agreement in writing which is signed by both parties, then the requirement under Order XXIII Rule 3 of CPC stand satisfied.

The judgment was passed by the Delhi High Court in the matter of Rohit Kumar v Sunil Tyagi, O. Ref. No. 01/2016, decided on 12.11.2018.


A reference was made by Civil Judge, Tis Hazari Courts, Delhi wherein certain questions were put before the Hon’ble High Court on the Mediation Rules of 2004. Some of the questions include:

  1. Rule 25: Court to fix a date for recording settlement and passing decree: whether the rule is justified under the general rule making power?
  2. Will the provisions of Legal Services Authorities Act, 1987 be applicable on mediation?
  • Whether the statutory procedure under Section 89(2)(c ) will be applicable over Rule 25?
  1. Validity of Rule 25 of the Mediation and Conciliation Rules of 2004.

Broadly, the reference was seeking a clarification on the what are the essentials to the procedure to determine the procedure of settlement between parties as a result of mediation as per the Mediation and Conciliation Rules, 2004, as applicable in the NCT of Delhi.


The Delhi High Court held that if an agreement has been executed in writing which is also signed by the parties to a suit before a Mediation centre, the requirement under Order XXIII Rule 3 are fulfilled and the court may dispose the said suit off in accordance with the terms of the said agreement. It was further clarified that for a disposal of a suit under Order XXIII Rule 3 of CPC, it is not necessary to file application for the same as long as the agreement duly signed by the parties settles the disputes of that suit.