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JAVED IQBAL WANI
Nikhat Nabi – Appellant
Versus
Fancy Fabrics – Respondent
ORDER :
1. Respondents 1-11 have been set ex parte in terms of order dated 26.4.2023.
2. The record of the proceedings reveals that on 24.7.2023 a Coordinate Bench of this court has directed listing of the main petition along with connected applications for consideration after observing that that instead of passing interim orders on the applications in the case, the main petition itself should be heard finally.
3. Learned counsel for the petitioner, however, would insist that the order passed on 21.2.2023 by this court is not being complied with, whereunder respondent 13 came to be directed to deposit an amount of Rs.10/- lakhs before the Registrar Judicial of this court within two weeks’ time and in the event it was deposited, the Registrar Judicial had to deposit the same in a fixed deposit in initially for a period of six months. Perusal of the order dated 21.2.2023 passed by this court also required the Registrar Judicial to have the record of the suit titled as “JK Bank vs. Fancy Fabrics” claimed to have been disposed of by the court of Principal District Judge, Srinagar, upon a compromise on 3.6.2006, and ensure its production before this court, and in the event the said recor
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 ....
Compromise decree – Provisions of CPC are designated to facilitate justice as it is not a penal law to punish a person.
(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....
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....
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 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.
A party not involved in a compromise decree may challenge it if they do not claim rights through a party to that decree, as per Order 23 Rule 3-A.
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