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IN THE HIGH COURT OF ALLAHABAD
SAURABH SHYAM SHAMSHERY
Shekhar – Appellant
Versus
State Of Up – Respondent
| Table of Content |
|---|
| 1. factual background of the case proceeding. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments regarding consent and misrepresentation. (Para 6 , 10 , 11 , 12 , 13 , 14) |
| 3. court's observations on appeals and consent decree. (Para 15 , 17 , 18) |
| 4. legal reasoning on challenging consent decree. (Para 19 , 20) |
| 5. conclusion on petitioners' remedy against consent decree. (Para 22) |
JUDGMENT :
Saurabh Shyam Shamshery,J.
1. Heard Sri Anil Bhushan, learned Senior Counsel assisted by Sri Pratik Chandra, learned counsel for the petitioners, Sri Chaudhary Subhash Kumar, learned counsel for the respondent no.5 and Sri P.S. Chauhan, learned Standing Counsel for State respondents.
2. This case is arising out of proceedings initiated by the respondent no.5 by way of filing a suit under Section 116 of Uttar Pradesh Revenue Code, 2006 (hereinafter called the ‘Code 2006’) for division of holding of plot in question claiming to be joint owners along with contesting defendants/respondents.
3. Present petitioners opposed it and filed a written statement.
4. Learned Trial Court prepared a preliminary decree on basis of a report submitted by the Lekhpal on 12.6.2023 and accordingly Kurras were prepared on 16
A consent decree obtained by fraud must be challenged in the court that issued it; separate suits for challenge are not maintainable.
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 independent suit challenging a consent decree is barred under Order XXIII Rule 3A of the C.P.C. if the allegations of fraud are predominantly about breach/non-compliance of the consent terms/conse....
A consent decree obtained through fraud is challengeable by a third party, and such a challenge does not require an independent suit.
A consent decree obtained through fraud is void, and courts must investigate claims of fraud before accepting the decree as valid.
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 consent decree obtained by fraud is a nullity and can be challenged in any court, reinforcing the principle that fraud vitiates all judicial acts.
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