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NAVIN CHAWLA
Deepshree Singh – Appellant
Versus
Rishi Pratap Singh & Ors – Respondent
JUDGMENT
Navin Chawla, J. - This petition has been filed by the petitioner challenging the order dated 16.01.2019 passed by the learned Additional District Judge-04 (Central) in Suit, being CS No.12031 of 2016, titled Rishi Pratap Singh v. Dr. Chander Kanta Khan & Ors., dismissing the application filed by the petitioner herein, who is defendant no.8 in the Suit, praying for setting aside of the order and decree dated 18.11.2013 passed in the Suit.
2. The petitioner herein was arrayed as defendant no.8 in the Suit. The Suit was filed by the respondent no.1 praying for the following relief:
"(i). to declare that the Family Settlement Deed dated 23rd December 1999, two Relinquishment Deeds both dated 29th December 1999 & 25th February 2008 in respect of 1/6th share of late Sh. Shiv Dayal Singh in property no. 18, New Rohtak Road, New Delhi, are illegally executed, are null & void and cannot be acted upon.
(ii). to direct D.D.A. not to mutate 1/6th share of late Sh. Shiv Dayal Singh in property no. 18, New Rohtak Road, New Delhi, on the basis of Family Settlement Deed dated 23.12.1999, Relinquishment Deeds dated 29.12.1999 and relinquishment Deed dated 25.02.2008 but to mutate 1/6th share
Specific remedies are available to challenge a decree, and the petitioner cannot bypass such remedies and invoke the jurisdiction of the court under Article 227 of the Constitution of India.
The petitioner must follow statutory remedies for challenging an ex parte decree, bypassing established procedures is impermissible under the Code of Civil 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 compromise decree is binding on the parties to the suit and not on strangers, and a separate suit to challenge the compromise decree is not maintainable for strangers to the proceeding.
A consent decree is binding on all parties, including those who are ex-parte. An appeal must be filed within the limitation period starting from the date of decree, not later.
Point of law – Condonation of delay - Appellant had been served and had knowledge of the filing of the suit, but she voluntarily chose not to enter appearance. Since the appellant failed to appear, s....
The court emphasized the necessity for trial courts to consider the circumstances of defendants, particularly in rural contexts, when evaluating applications to set aside ex parte decrees.
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