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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
BIRENDRA KUMAR
Deepak Agrawal S/o Late Shri Brij Kishor Ji Agrawal – Appellant
Versus
Rekha W/o Shri Dr. Sohanlal Gupta – Respondent
ORDER :
1. By the impugned order dated 21.9.2024 passed in Civil Misc. Case No. 325/2021, the trial Court has refused the prayer of the petitioner to set aside the compromise decree which was said to be obtained by fraud played by parties to the suit.
2. Respondent No.1 herein namely Smt. Rekha had brought Civil Original Suit No. 93/2012, renumbered as 12/2017 for partition of 1/3rd share in the property left by the father of the plaintiff namely Late Brij Kishore Ji Agrawal. The petitioner herein, Deepak Agrawal, is full brother of Rekha and respondent No.2, Kavita Gupta, is full sister of Rekha. The suit was filed against the petitioner and Kavita Gupta.
3. The plaintiff claimed in the suit that father had left three properties which were subject matter of partition. The first one was plot at Residency Road, Jodhpur on which a petrol pump of the family was/is running in the name of M/s. Ganeshi Lal & Sons. The second property was a building alongwith land at Mandore Road in the town of Jodhpur which was/is leased out to Hindustan Petroleum Ltd. The third one was plot at Kishore Bagh, Jodhpur which was already sold.
4. The petitioner and Kavita Gupta filed their separate written state
A compromise decree obtained by fraud is voidable and requires judicial satisfaction regarding its lawfulness before acceptance under Order XXIII Rule 3 of the CPC.
Compromise decrees are binding unless legally challenged, and mere allegations of fraud do not invalidate established agreements without sufficient proof or a court ruling to the contrary.
Point of law: Compromise decree - no legally enforceable agreement i.e., compromise on which a decree could have been founded; now that, the decree is voided by the court below and consequently suit ....
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....
A party cannot challenge the validity of a compromise once executed, especially when affirmed in the presence of legal counsel.
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