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NAVIN CHAWLA
Vipin Kumar Manaktala – Appellant
Versus
Vinod Kumar – Respondent
JUDGMENT
Navin Chawla, J.
I.As. 2852/2021, 2881/2021 and 3400/2021
1. These applications have been filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as the `CPC') by the defendant no.4, the defendant nos.1, 2, 3 and 7, and the defendant nos.5(a), 5(b), and 5(c), respectively, praying for the rejection of the plaint.
2. The grounds urged in support of the above applications are that:
a) The suit is barred under Order XXIII Rule 3A of the CPC, as a suit challenging a decree based on a compromise is not maintainable; and
b) the present suit is barred by limitation.
3. To appreciate the above grounds, it is necessary to first consider the pleadings of the plaintiff in the plaint.
4. It is the case of the plaintiff that the plaintiff, the defendant no.1, defendant no.2, and the defendant no.3 are the real brothers and are co- owners of the ancestral property bearing no.39, Rama Road, Industrial Area Scheme, Najafgarh Road, New Delhi, having an area of 3925.6 meters (hereinafter referred to as the `Suit Property').
5. It is claimed that the father of the plaintiff- late Mr.Satya Pal had three brothers, which included Mr.Tilak Raj, the father of
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....
The main legal point established in the judgment is that a review application cannot re-agitate issues already considered in a previous appeal, and the grounds for exemption from the law of limitatio....
The main legal point established in the judgment is that a compromise deed, once recorded by the court, is lawful and binding, and a subsequent suit challenging the compromise decree is not maintaina....
(1) No suit shall lie to set aside a decree on the ground that compromise on which decree is based was not lawful.(2) Mere clever drafting would not permit plaintiff to make suit maintainable which o....
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.
Compromise decrees in partition suits involving minors without their inclusion are void and can be challenged based on coercion or lack of lawful procedure.
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