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VINOD CHATTERJI KOUL
Megha Thakur – Appellant
Versus
Shanker Dass – Respondent
JUDGMENT
Review of the judgement dated 28th December 2021,dismissing writ petition, bearing WP(C) No.30/2021, titled as Megha Thakur v. Shanker Dass and others, is sought for on the grounds made mention of in the instant petition.
2. The case set up by review petitioner, as is also gatherable from perusal of the file, is that a suit for partition by metes and bounds was filed by Anjana Rani – respondent no.10 (mother of review petitioner). It is claimed that petitioner, who was minor, along with her sister (proforma respondent no.11 herein) preferred a suit through her natural guardian and during pendency of suit, a compromise was arrived at between parties, followed by issuance of compromise deed dated 16th August 2019. It is averred that when petitioner attained the age of majority, she on 29th March 2019, directed an Appeal before the court of Principal District Judge, Reasi, along with an application for condoning delay. Appeal, however, was withdrawn on 27th January 2021, on the context that she would approach Trial Court (Judicial Magistrate 1st Class. On 5th February 2021, review petitioner approached Trial Court for setting-aside the judgement and decree dated 16th August 2
Review of judgment – A review petition has a limited purpose and cannot be allowed to be ‘an appeal in disguise’ – Power of review could be exercised to correct a mistake but not to substitute a view....
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....
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 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.
The main legal point established is that a review petition must be based on an error apparent on the face of the record and cannot be used as an appeal in disguise.
Review Petition – Jurisdiction of High Court while exercising review cannot be exercised as an inherit power nor as Appellate Court be exercised in guise of power of review – Power of review may be e....
A consent decree obtained through fraud is void, and courts must investigate claims of fraud before accepting the decree as valid.
Point of law: The power of review may be exercised on the discovery of new and important matter or evidence which, after the exercise of due diligence was not within the knowledge of the person seeki....
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