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ILESH J. VORA
Pushpaben Manjibhai Patel – Appellant
Versus
Mahesh Srichand Kotwani – Respondent
| Table of Content |
|---|
| 1. nature of the dispute and prior proceedings (Para 1 , 2 , 3) |
| 2. petitioners' challenge based on fraud (Para 4 , 5 , 6 , 7) |
| 3. arguments regarding delay in filing (Para 8 , 9 , 10 , 11 , 12) |
| 4. legal interpretations regarding parties' rights (Para 13 , 14 , 20 , 21) |
| 5. court's reasoning and observations on fraud (Para 15 , 16 , 18 , 22) |
| 6. order of the court and restoration of the case (Para 23 , 24) |
JUDGMENT :
1. Challenge in this petition filed under Article 227 of the Constitution of India, is to the consent decree dated 16.08.2002 passed by the learned 8th Joint Civil Judge (JD) Ahmedabad, Rural in Regular Civil Suit (RCS) No. 464 of 2002, by which, the trial Court, in pursuance to compromise purshis given by parties, vide Exh.16, disposed of the Civil Suit in Lok Adalat, vide judgement and decree dated 17.08.2002.
2. Facts and circumstances giving rise to filing of the present petition are as under:
b. Petitioners being NRI, submitted application form to the society for purchase of subject plot
Challenges to compromise decrees based on fraud must be made in the court that issued the decree, and such allegations require substantial proof.
Lok Adalat compromise decrees, though final under Section 21, can be set aside in writ jurisdiction if vitiated by fraud like non-service of summons and misrepresentation to illiterate disabled party....
Compromise decrees can be set aside only upon strict proof of fraud; the obligation of non-alienation does not invalidate agreements for future transactions after the stipulated period. Schools of le....
A consent decree obtained by fraud is a nullity and can be challenged in any court, reinforcing the principle that fraud vitiates all judicial acts.
(1) Compromise of suit – To recall a compromise that has been recorded would call for strong reasons. Terms of a compromise decree cannot be avoided, unless allegation of fraud has been proved.(2) Wh....
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.
A consent decree obtained by fraud must be challenged in the court that issued it; separate suits for challenge are not maintainable.
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