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D. BHARATHA CHAKRAVARTHY
Thangapandian – Appellant
Versus
Jegadeesan – Respondent
ORDER :
(D. Bharatha Chakravarthy, J.)
(Prayer : Petitions filed under Section 115 of CPC, to set aside the Fair and Order and Decreetal Order passed in I.A.Nos.13, 441 and 445 of 2017 in O.S.No.80 of 2007 on the file of the District Munsif Court, Theni, dated 16.02.2022)
A. The Petitions:
These Civil Revision Petitions are filed against the fair and decreetal order dated 16.02.2022 made in I.A.Nos.13, 441 and 445 of 2017 in O.S.No.80 of 2007, on the file of the District Munsif Court, Theni.
1.1 By the above applications, the petitioners herein prayed to recall the compromise decree dated 15.09.2009 under Section 151 of the Code of Civil Procedure, Section 6 of the Tamil Nadu Civil Courts Act, 1873, Section 2(1)(B) of the Tamil Nadu Civil Courts and Chennai City Civil Court (Amendment) Act, 2003 and Sections 25 of the Tamil Nadu Court Fees and Suits Valuation Act, 1955.
B. The Factual Background:
2. The factual matrix, in which, the case arises is that one Thangapandian (the original first plaintiff) and others, filed O.S.No.80 of 2007 on the file of the District Munsif, Theni against one R.N.Jegadeesan, N.R.Manivannan, L.Kamalakannan and Theni Allinagaram Municipality. The plaintiffs
A compromise decree is binding unless strong evidence of coercion or fraud is presented; the burden of proof lies on the party seeking to invalidate it.
(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....
The judgment emphasizes the responsibility of the Court to ensure that parties, especially illiterate ones, understand the terms and consequences of a compromise before accepting it.
A consent decree obtained through fraud is void, and courts must investigate claims of fraud before accepting the decree as valid.
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