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C. M. POONACHA
Mahesh, S/o. Murigeppa – Appellant
Versus
Ishwar, S/o. Basappa – Respondent
ORDER :
The present petition is filed under Section 115 of the Code of Civil Procedure Code (hereinafter referred to as ‘the CPC’) challenging the order dated 13.6.2023 passed on IA.No.4 in OS No.152/2021 by the Senior Civil Judge, Bailhongal, (hereinafter referred to the ‘the Trial Court’) whereunder IA.No.4 filed by defendant No.5 under Order VII Rule 11 of the CPC has been dismissed by the Trial Court.
2. The parties herein are referred to by their rank before the Trial Court for the sake of convenience.
3. The relevant facts necessary for consideration of the present petition are that the plaintiff instituted a suit in OS No.152/2021 for partition and separate possession. The defendant No.5 entered appearance in the said suit and contested the case of the plaintiff. Defendant No.5 filed IA.No.4 under Order VII Rules 11(a) and (b) of the CPC to reject the plaint as barred by law. The said application is opposed by the plaintiff. The Trial Court by its dated 13.6.2023 dismissed the said application. Being aggrieved the present petition is filed.
4. Learned Counsel for the petitioner Sri Chetan Munnoli, assailing the order of the Trial Court submits that admittedly in the earlier suit
The main legal point established in the judgment is that no independent suit can be filed for setting aside a compromise decree on the ground that the compromise was not lawful, and the importance of....
Compromise decrees in partition suits involving minors without their inclusion are void and can be challenged based on coercion or lack of lawful procedure.
The bar under Order XXIII Rule 3A of the CPC does not apply to a stranger to the compromise, and the plea of limitation is a mixed question of fact and law to be determined after evidence has been le....
A consent decree, valid under CPC rules, cannot be challenged in independent suits; remedy lies only in the court that recorded the compromise.
Rejection of plaint – Bar contained under Order 23 Rule 3-A of CPC shall not be applicable to a stranger to compromise decree challenging compromise decree provided he is not claiming any right throu....
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