AJAY ISHWAR GHUTE & ORS. versus MEHER K. PATEL & ORS.

Citation: [2024] 5 S.C.R. 155 · Decided: 30-04-2024 · Supreme Court of India · Bench: ABHAY S. OKA · Disposal: Case Partly allowed
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Judgment (excerpt)

* Author
[2024] 5 S.C.R. 155 : 2024 INSC 353
Ajay Ishwar Ghute & Ors. 
v. 
Meher K. Patel & Ors.
(Civil Appeal No. 4786 of 2024)
30 April 2024
[Abhay S. Oka* and Ujjal Bhuyan, JJ.]
Issue for Consideration
This Hon’ble Court was considering a challenge to an Order of 
the High Court disposing of a writ petition in terms of a “Minutes 
of Order” filed by the Advocates, and signed by the parties to the 
petition, without impleading the affected parties.
Headnotes
Practice and Procedure – Considerations by the Court while 
passing an order in terms of “Minutes of Order” – Order 
passed by the Court based on the “Minutes of Order” is not 
a consent order, it is an order in invitum – Court must record 
brief reasons indicating the application of mind. 
Held: An Order passed in terms of “Minutes of Order” is an order 
in invitum – The Court must first examine whether it will be lawful 
to pass an order in terms of the “Minutes of Order” – The Court 
must consider whether all necessary parties have been impleaded 
to the proceedings in which the “Minutes of Order” have been filed 
–  The Court must consider whether third parties will be affected by 
the order sought in terms of the “Minutes of Order” – If the Court is 
of the view that necessary parties were not impleaded, the Court 
ought to allow the Petitioner to implead them – On the failure of the 
Petitioner to implead them, the Court must decline to pass an order 
of disposing of the Petition in terms of the “Minutes of Order” – The 
reason is that an order of the Court passed without hearing the 
necessary parties would be illegal – Only if the Court is satisfied that 
an order in terms of the “Minutes of the Order” would be legal, the 
Court can pass an order in terms of the “Minutes of Order” – While 
passing an order in terms of the “Minutes of Order”, the Court must 
record brief reasons indicating the application of mind. [Para 17]
Practice and Procedure – Practice of advocates drafting 
“Minutes of Order” was evolved to save time – Advocates 
156
[2024] 5 S.C.R.
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who sign and tender the “Minutes of Order” have a greater 
responsibility. 
Held: Reliance placed on the Judgment of this Hon’ble Court 
in Speed Ways Picture Pvt. Ltd. and Anr. v. Union of India and 
Anr.[1996] Supp. 7 SCR 636 : (1996) 6 SCC 705 : 1996 INSC 
1202 where this Hon’ble Court considered the practice of passing 
orders in terms of “Minutes of Order” – For the convenience of the 
Court and as a matter of courtesy, the advocates draft “Minutes of 
Order” containing what could be incorporated by the Court in its 
order – Perhaps this practice was evolved to save the time of the 
Court – The advocates who sign and tender the “Minutes of Order” 
have greater responsibility – Before they sign the “Minutes of the 
order”, the advocates have an important duty to perform as officers 
of the Court to consider whether the order they were proposing 
will be lawful – They cannot mechanically sign the same – After 
all, they are the officers of the Court first and the mouthpieces of 
their respective clients after that. [Para 18]
Civil Law – Order XXIII of Code of Civil Procedure, 1908 – Filing 
of Consent Terms – Court has jurisdiction to decline to pass a 
consent order, if the same is tainted with illegality – Consent 
Terms not binding on persons who were not parties to the 
Consent Terms. 
Held: Even if parties file consent terms, while accepting the 
consent terms in terms of Rule 3 of Order XXIII of the Code of Civil 
Procedure, 1908, the Court is duty-bound to look into the legality 
of the compromise – The Court has the jurisdiction to decline to 
pass a consent order if the same is tainted with illegality – An 
order passed by the Court in terms of consent terms is a consent 
order, which will not bind the persons who were not parties to 
the consent terms, unless they were claiming through any of the 
parties to the consent terms. [Para 19]
Practice and Procedure – Summary of conclusions regarding 
the concept of “Minutes of Order”. 
Held: This Hon’ble Court summarized its findings on the concept 
of “Minutes of Order” as – (a) The practice of filing “Minutes 
of Order” prevails in the Bombay High Court – As a courtesy 
to the Court, the advocates appearing for the parties to the 
proceedings tender “Minutes of Order” containing what could be 
[2024] 5 S.C.R. 
157
Ajay Ishwar Ghute & Ors. v. Meher K. Patel & Ors.
recorded by the Court in its order – The object is
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