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IN THE HIGH COURT OF DELHI AT NEW DELHI
RAVINDER DUDEJA
Sunita Sharma – Appellant
Versus
Om Prakash Sharma – Respondent
JUDGMENT :
RAVINDER DUDEJA, J.
1. This is a petition under Article 227 of the Constitution of India against the order dated 21.04.2022 passed by the Trial Court in MISC. DJ 559/2017 arising out of Civil Suit No. 12767/2026, titled as, Om Prakash Sharma vs. Sunita Sharma Sharma.
2. Petitioners are the defendants before the learned Trial Court in the civil suit for partition, possession and declaration filed by the respondent No. 1. The limited point of contention in the present petition relates to the order dated 21.04.2022, passed by the Trial Court, whereby the suit filed by respondent No. 1 has been restored to its original number.
3. By order dated 30.08.2017, the suit was dismissed as withdrawnby respondent No. 1 with liberty to file a separate suit on the same cause of action in the event the petitioners (defendants in the Trial Court) fail to make the payment in accordance with the terms of compromise. The respective statements of the petitioners and the respondents were recorded before passing the aforesaid order.
4. Subsequently, an application dated 27.09.2017 under Section 151 CPC was filed by the respondent seeking review of the order dated 30.08.2017 and for revival of suit,
The Trial Court must ascertain the authenticity of a settlement before dismissing a suit, failing which the order lacks merit.
The main legal point established in the judgment is that the amendment of pleadings under Order VI Rule 17 of the CPC should be allowed only if it is necessary to determine the real issue in controve....
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.
Withdrawal of a suit is permissible under sufficient grounds as per Order XXIII Rule 1(3) of the Code, not limited to formal defects.
In partition suits, transposition of defendants as plaintiffs must be considered based on substantial claims; the court erred in denying this request without proper assessment.
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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