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APURBA SINHA RAY
Somesh Chandra Bhattacharyya – Appellant
Versus
Prasun Kumar Bhattacharyya – Respondent
| Table of Content |
|---|
| 1. compromise decree obtained on misrepresentation. (Para 1) |
| 2. allegations of fraud and misrepresentation in agreement. (Para 2 , 4 , 5 , 8) |
| 3. execution court's jurisdiction over consent decree. (Para 3 , 19 , 20) |
| 4. fraud vitiates all judicial acts. (Para 6 , 10 , 11 , 12 , 30) |
| 5. compromise decrees not justified if based on misrepresentation. (Para 17 , 18) |
| 6. consent decree deemed valid despite fraud allegations. (Para 27 , 42 , 43 , 46) |
| 7. court's ruling on validity of consent decree. (Para 28 , 29 , 31 , 32 , 38) |
| 8. final dismissal of the application. (Para 47 , 48 , 49 , 50) |
JUDGMENT :
Apurba Sinha Ray, J.
1. The instant application under Section 47 of the Code of Civil Procedure, 1908 has been filed by one of the sons of one of the decree-holder alleging that the compromise decree passed by the Hon’ble Court is a nullity since the same was obtained by the parties to the said decree on misrepresentation and also on the basis of suppression of material facts. The brief fact as the petitioner has narrated is as follows:-
A consent decree can be challenged for fraud but if the person alleging fraud has benefited, they may be estopped from raising objections in execution proceedings.
A consent decree obtained by fraud is a nullity and can be challenged in any court, reinforcing the principle that fraud vitiates all judicial acts.
Consent decrees based on family settlements cannot be challenged on procedural grounds but only on proven fraud.
An appeal against a consent decree is barred under Section 96(3) of the CPC; aggrieved parties must contest the decree's validity in the same court that issued it.
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