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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
CHANDRA PRAKASH SHRIMALI
Jagdish S/o Chhotelal, R/o Goner – Appellant
Versus
Ramesh Chand, S/o Narayan – Respondent
| Table of Content |
|---|
| 1. overview of procedural history and nature of the revision petition. (Para 1 , 2) |
| 2. summary of rival contentions regarding the maintainability of a civil suit against a revenue court compromise decree. (Para 3 , 4 , 5 , 6 , 7) |
| 3. legal analysis of the competence of civil courts versus revenue recovery/records tribunals in matters involving compromise decree disputes. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. bar on civil suits under order 23 rule 3a to challenge compromise decrees; mandatory recourse to the originating court. (Para 14 , 15 , 16 , 17 , 18) |
| 5. final order granting revision, dismissing the plaint, and granting liberty for appropriate legal remedy. (Para 19 , 20 , 21 , 22) |
ORDER :
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A separate civil suit to challenge a compromise decree on the ground that it was not lawful is barred under Order 23 Rule 3A of the Civil Procedure Code. The aggrieved party must approach the court t....
(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....
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 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.
A party can appeal against a compromise decree to challenge its validity despite Section 96(3) CPC barring appeals against such decrees.
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....
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 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.
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