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DELHI HIGH COURT
SURESH KUMAR KAIT, SAURABH BANERJEE
Rita Wadhwa – Appellant
Versus
Sanjeev Sarin – Respondent
| Table of Content |
|---|
| 1. background of sibling rivalry and property dispute. (Para 1 , 2 , 3) |
| 2. arguments presented by both parties regarding the consent decree. (Para 4 , 6 , 7 , 8 , 9 , 11) |
| 3. court's interpretation of consent decree and validity of compromise. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 4. legal framework regarding appeals against consent decrees. (Para 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 5. validity of the impugned decree upheld. (Para 34) |
| 6. final orders and costs imposed on the appellant. (Para 35 , 36) |
JUDGMENT
Saurabh Banerjee, J.
"Sibling harmony is a boon bringing the best but sibling rivalry is a bane bringing the worst."
Former brings happiness but latter brings sadness.
1. The present case, unfortunately, deals with sibling rivalry which has brought to the fore the worst amongst them. There is much acrimony and bad blood between them. The parties to the proceeding are siblings (hereinafter referred as "siblings") born out of the same parents, father-Mr. I.C. Jain and mother-Mrs. Madhurekha Sarin, who expired intestate on 23.01.1987 and 09.05.1999 respectively. Appellant is the sister of respondent Nos. 1 and 2.
2. As per the
The impugned decree was a consent decree based on a valid compromise inter se siblings, and the appellant was bound by the statement of her counsel. The Court found the impugned decree to be legally ....
(1) Client is bound by admissions of fact made by Counsel, especially if so authorised.(2) Suit/Appeal is not maintainable for setting aside a decree based on compromise.
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.
(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 consent decree is valid and binding on the parties only if the consent is given voluntarily and with full knowledge of the implications of the decree.
A consent decree obtained by fraud must be challenged in the court that issued it; separate suits for challenge are not maintainable.
A party aggrieved by a compromise decree has a right to challenge the compromise decree by way of an appeal or to approach the same court which passed such decree by way of an appropriate application....
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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