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JAVED IQBAL WANI
Vipan Aggarwal – Appellant
Versus
Raman Gandotra – Respondent
Judgment
Javed Iqbal Wani, J.-The petitioners herein have invoked the supervisory jurisdiction of this Court seeking quashment of order dated 17.10.2012 (for brevity ‘impugned order) passed by the court of 2nd Additional Munsiff, Jammu (for brevity ‘court below’) in case titled as “Vipan Aggarwal and ors. vs. Raman Gandotra and ors.”.
2. Before adverting to the grounds of challenge urged in the petition, brief facts emerging from the petition are required to be outlined, hereunder:-
(II) The application for interim relief accompanying the suit is stated to have been dismissed by the trial court vide order dated 21.10.2005 and an appeal filed against the same is also stated to have been dismissed on 15.05.2008.
(III) The petitioner Nos. 1 and 3 are stated to have constituted an attorney on 09.03.2010 for managing, looking after and disposing of the lan
The main legal point established in the judgment is that a stranger to a suit/lis is not entitled to seek setting aside of a compromise judgment and decree and cannot invoke supervisory jurisdiction ....
A plaint cannot be rejected if it discloses a cause of action, and non-parties to a compromise decree have the right to challenge its validity.
Compromise decree – Provisions of CPC are designated to facilitate justice as it is not a penal law to punish a person.
Judicial orders of civil courts are not amenable to writ jurisdiction under Article 226; challenges to compromise decrees must be made within the same court that issued them, and such decrees can onl....
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