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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
AMITENDRA KISHORE PRASAD
Nasir Bakhsh S/o Late Shri Imam Bakhsh – Appellant
Versus
Kausar Bano W/o Late Shri Iman Bakhsh – Respondent
| Table of Content |
|---|
| 1. background of the case and parties involved. (Para 1 , 3 , 4) |
| 2. relief sought by the applicants. (Para 2) |
| 3. arguments regarding necessity of parties in partition suits. (Para 6 , 7 , 8) |
| 4. submission about compromise validity. (Para 9 , 10) |
| 5. state's non-participation acknowledgment. (Para 11) |
| 6. court's initial examination of compromise context. (Para 12 , 14) |
| 7. explanation of order 23 rule 3 of cpc. (Para 15 , 16) |
| 8. clarification of compromise formalities. (Para 17 , 18 , 19) |
| 9. court's analysis on partition and compromise legitimacy. (Para 20 , 21 , 22 , 23) |
| 10. reaffirmation of judicial inclination towards settlement. (Para 24 , 25 , 26) |
| 11. court's directive for reconsideration of the case. (Para 27) |
| 12. final order and conclusion of the revision application. (Para 28) |
ORDER :
Amitendra Kishore Prasad, J.
1. This civil revision has been preferred by the applicants being aggrieved by the order dated 20.01.2026 passed by the learned Fifteenth Additional Judge, Junior Division to the Court of First Civil Judge, Raipur, District Raipur (C.G.) in Civil Suit No. 365A/2024, whereby the joint application filed by the plaintiffs and defendant No. 1 under Order 23 Rule 3 of th
In partition suits, a compromise among co-owners is valid even in the presence of third-party claims, provided it does not extinguish their rights.
A court decree founded on a fraudulent compromise lacks validity and is liable to be set aside, emphasizing adherence to Order XXIII, Rule 3 of the Civil Procedure Code.
(1) Daughter has been recognised and treated as a coparcener by birth with equal rights and liabilities as of that of a son – It is not necessary that a coparcener whose daughter is conferred with ri....
Compromise decrees in partition suits involving minors without their inclusion are void and can be challenged based on coercion or lack of lawful procedure.
(1) Compromise of suit – No suit shall lie to set aside a decree on the ground that compromise on which decree is based was not lawful. However, when there is a dispute as to whether an adjustment or....
A party cannot challenge a compromise decree through a separate suit due to the restrictions imposed by Order 23 Rule 3-A of the Civil Procedure Code.
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