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BHASKAR RAJ PRADHAN
Prameela Gurung – Appellant
Versus
Urmila Manger – Respondent
JUDGMENT
Bhaskar Raj Pradhan, J. - Two questions arise for consideration in the present revision petition. An application for setting aside the compromise deed entered between the parties in Title Suit No. 12 of 2018 and the decree passed by the learned Civil Judge, East Sikkim at Gangtok in Civil Misc. Case No. 14 of 2020 was rejected. The revisionist seeks to assail the same under section 115 of the Code of Civil Procedure, 1908 (CPC). The proviso to section 115 of the CPC prohibits this Court from varying or reversing any order made, or any order deciding an issue, in the course of a suit or other proceeding, where the order, if it had been made in favour of the party applying for revision, would have finally disposed of the suit or other proceedings. The revisionist submits that as the Pension Act, 1871 provided that the pension would be paid to the wife of the deceased person, the respondents who were not legally wedded wives would not be entitled to the same as such the compromised deed entered between the revisionist and the respondents was liable to be set aside as being barred by law. Thus, in the facts of the present case the two questions which arises are:
(i) Is the prese
The court established that a compromise deed is valid if entered voluntarily, and the Pension Act, 1871 does not apply in Sikkim, allowing the compromise to stand.
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....
A compromise decree's unambiguous terms govern claims over compensation amounts, barring revision attempts by parties seeking to contest prior agreements.
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....
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.
The main legal point established in the judgment is that no suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful, as per the provisions o....
A judgment obtained by fraud or collusion does not operate as res judicata and is not binding on the parties to the proceedings. Such a judgment can be avoided in subsequent proceedings by a party ab....
The Executing Court does not have jurisdiction to go behind a compromise decree, and objections challenging the compromise decree should be addressed through appropriate legal proceedings.
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