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MANMOHAN, MANMEET PRITAM SINGH ARORA
Inder Pratap Singh Akoi (Through His Duly Constituted Attorney) – Appellant
Versus
Shri Hari Mohan Sharma – Respondent
JUDGMENT
Manmeet Pritam Singh Arora, J. (Oral)
CM APPL. 9781/2024 (for exemption)
1. Allowed, subject to just exceptions.
2. Accordingly, this application is disposed of.
FAO(OS) 24/2024 & CM APPL. 9780/2024, CM APPL. 9782/2024
3. The present appeal has been filed under Section 10 of the Delhi High Court Act, 1966, impugning the Judgment dated 05th January, 2024 passed by a learned Single Judge of this Court in I.A. No. 1757/2022, in CS(OS) No. 1511/1991, whereby the application filed by the Appellant i.e., plaintiff no.6 under proviso to Order XXIII Rule 3 of the Code of Civil Procedure, 1908 (`CPC') for setting aside of the Decree dated 25th January, 2019, has been dismissed.
3.1. The Appellant/plaintiff no.6 along with other plaintiffs/Respondent Nos. 1 to 5 filed the underlying suit for Specific Performance on 7th May, 1991, seeking performance of the Agreement to Sell (`ATS') dated 14th September, 1990. The Appellant on 05th January, 1991 had nominated Respondent No.2/plaintiff no.2 as the purchaser and requested the sellers to execute the sale deed of his share in favour of the said Respondent No.2/plaintiff no.2. Accordingly, the Appellant was impleaded only as a proforma party to
An application to set aside a consent decree is not maintainable if the party seeking to set it aside can otherwise maintain independent proceedings and is not bound by the decree.
Specific performance cannot be enforced against parties not privy to the original contract, and suits lacking a cause of action are subject to rejection under Order VII Rule 11 of the CPC.
(1) There cannot be any challenge to a consent decree as stipulated under Order XXIII Rule 3-A of C.P.C.(2) Relief for specific performance can also be enforced against a person who is not a party to....
The rights of the applicants to claim a share in the suit properties were preserved in the Compromise Decree, and the inter se controversy of alleged fraud entailed different pleadings.
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.
An appeal against a decree based on disputed consent terms is maintainable under Section 96 of the CPC, bypassing the restrictions applied to true consent decrees.
Point of law : Applicants have been able to make out more than a prima facie case for grant of leave to appeal. The applicants could be said to be prima facie prejudicially affected by the consent de....
(1) Appeal – A stranger cannot be permitted to file appeal in any proceedings unless he satisfies court that he falls with category of aggrieved persons.(2) Appeal – Expression ‘person aggrieved’ doe....
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