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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Jitendra Singh Deora S/o Shambhoo Singh – Appellant
Versus
Paras Kanwar D/o Late Shambhoo Singh – Respondent
Order :
FARJAND ALI, J.
1. By way of filing this instant petition under Section 115 of the CIVIL PROCEDURE CODE (hereinafter to be referred as “CPC”), the petitioner has assailed the order dated 29.11.2024 passed by the learned Senior Civil Judge, Sumerpur, District Pali, in Civil Original Case No. 51/2017 “Smt. Paras Kanwar v. Jitendra Singh”, whereby the application preferred by the present petitioner/defendant no. 1 under Order VII Rule 11 CPC came to be rejected.
2. Bereft of elaborate details, the present respondent no. 1/plaintiff filed a suit for declaration and permanent injunction, seeking prayer for setting aside the compromise judgment and decree dated 22.06.2015 passed by the Revenue Court as null and void. The petitioner, being the defendant No.1 in the above suit pending before the Civil Court, moved an application under Order VII Rule 11(d) of the CPC, averring therein that the civil suit is barred by law, since it is seeking a declaration to the effect of nullity of the decree dated 22.06.2015 passed by the Revenue Lok Adalat, Sub-Divisional Court, Sumerpur, based on a compromise, and filing a separate suit seeking the above prayer is not maintainable in light of the
A separate suit to set aside a compromise decree is barred under Order XXIII Rule 3A of the CPC, and challenges to such decrees must be raised in the court that issued them.
(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 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....
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 suit challenging a compromise decree not challenged, but the compromise itself is called into question, would be barred by the provisions of Order XXIII Rule 3A of CPC. Additionally, a third party,....
A consent decree obtained through fraud is void, and courts must investigate claims of fraud before accepting the decree as valid.
A suit where a decree based on compromise is not challenged, but compromise itself is called into question, would also be barred by provisions of Order XXIII Rule 3A of CPC.
A consent decree obtained through fraud is challengeable by a third party, and such a challenge does not require an independent suit.
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