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R. VIJAYAKUMAR
Gandhi Meenal – Appellant
Versus
Jothi Muthuramalingam – Respondent
JUDGMENT
(Prayer: Civil Revision Case is filed under Article 227 of Constitution of India, to set aside the Fair and Decreetal Order dated 04.10.2013 passed in I.A.No.192 of 2011 in O.S.No.161 of 1979 on the file of the Subordinate Judge, Paramakudi and allow the present Civil Revision Petition.)
1. The plaintiff in O.S.No.161 of 1979 on the file of the Subordinate Court, Ramnad is the revision petitioner. The revision petition has been filed challenging the dismissal of an application made by the plaintiff under Sections 151 and 152 of C.P.C for amending the memo of compromise entered into between the parties on 20.11.1985.
(A).Facts leading to the filing of this revision are as follows:
2. The revision petition herein as plaintiff had filed O.S.No161 of 1979 on the file of the Subordinate Court, Ramnad at Madurai as against 33 defendants for the following reliefs.
(a)declaring the petitioner/plaintiff as pauper;
(b)directing the defendants to deliver possession of the suit properties to the plaintiff free from any obstruction of the defendants, their agents, men and servants and other persons claiming under them;
The main legal point established in the judgment is that the consent of all parties to the compromise memo is required for its amendment, and the amendment sought must fall within the scope of Sectio....
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 party can appeal against a compromise decree to challenge its validity despite Section 96(3) CPC barring appeals against such decrees.
A consent decree obtained through fraud is void, and courts must investigate claims of fraud before accepting the decree as valid.
(1) Breach of compromise – Only remedy available to aggrieved party is to approach court that recorded compromise under proviso to Order 23, Rule 3 of CPC.(2) When there is a statutory remedy availab....
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.
An appeal is not maintainable from a compromise decree under Section 96(3) of CPC, and the compromise decree confers only a right in personam and is not binding on parties who are not part of the com....
Suit against compromise decree – If compromise decree is tainted by fraud, misrepresentation or mistake, Court under inherent powers conferred under Section 151 CPC may rectify decree for alternation....
The main legal point established in the judgment is that the amendment of pleadings under Order VI Rule 17 of the CPC should be allowed only if it is necessary to determine the real issue in controve....
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