Sri.V.B.Shivakumar, learned counsel for appellant and

Sri.S.Nagaraja, learned counsel for respondent No.1 have

appeared in person.

For the sake of convenience, the parties are

referred to as per their rankings before the Trial Court.

The facts of the case are stated as under:

The plaintiff - initiated action against the defendants and

sought the relief of declaration of ownership over suit

properties and also for a declaration that the alleged

3

Compromise

Decree

dated:29.03.2014

passed

in

O.S.No.144/2012 is null and void and the same is not binding

on her.

After

service

of

summons,

defendants

entered

appearance and filed their written statement. Based on the

pleadings, several Issues were framed and Issue No.7 was

treated as Preliminary Issue. In the meanwhile, the third

defendant moved an application under Order 7 Rule 11 (a) and

(d) of the Code for rejection of plaint on the ground that the

suit is barred by law. The Trial Court allowed the application

vide order dated:14.06.2018 and held that the suit is not

maintainable. The order was challenged before the Appellate

Court and the Appellate Court vide order dated:29.07.2019

allowed the appeal and remitted the matter to the Trial Court.

Hence, this appeal is filed on several grounds as set out in the

Memorandum of appeal.

4.

Learned counsel for appellant and respondent No.1

have urged several contentions.

4

Sri.V.B.Shivakumar., learned counsel for appellant has

relied upon the following decisions.

1. TRILOKI

NATH

SINGH

VS.

ANIRUDH

SINGH (D) THR. LRS - AIR 2020 SC 2111.

2. R.JANAKIAMMAL VS. S.K.KUMARASWAMY

(DECEASED)

THROUGH

LEGAL

REPRESENTATIVES - AIRONLINE 2021 SC

329.

3. SMT.LAKSHAMAMMA

AND

OTHERS

VS.

T.H.RAMEGOWDA AND OTHERS - 2015 (5)

KCCR 631 (DB).

4. 'SREE

SURYA

DEVELOPERS

AND

PROMOTERS VS. N.SAILESH PRASAD AND

OTHERS' & 'RAJA PUSHPA PROPERTIES

PVT. LTD., VS. N.SAILESH PRASAD AND

OTHERS' - (2022) 5 SCC 736.

5.

Heard the contentions urged on behalf of parties

and perused the appeal papers with care.

The suit is one for declaration to declare that

Compromise decree in O.S.No.144/2012 is not binding on the

plaintiff.

5

The primary contention of the appellant is that the

present suit is hit by Order 23 Rule 3A of the Code of Civil

Procedure. Hence, it is appropriate to refer to Order 23 Rule

3A of the Code which reads as under:

ORDER 23 RULE 3 A. Bar to Suit. -

No suit shall lie to set aside a decree on the

ground that the compromise on which the

decree is based was not lawful.

A bare perusal of the above provision would make it

clear that a suit challenging the Compromise Decree is

completely barred under Order 23 Rule 3 A, read with

Explanation to Order 23 Rule 3 CPC.

As is well known that Rule 3A bars filing of a suit for

cancellation of a compromise decree on the ground of fraud,

misrepresentation, coercion etc., after the amendment of

Order 23 in 1976, the only forum left to the aggrieved party

seeking to challenge the compromise decree is the forum or

the Court which passed such decree on the basis of the

6

compromise. Therefore, no independent suit challenging the

compromise on the ground of fraud or otherwise is competent

in view of specific bar provided in Rule 3A of Order 23 of the

Code.

The law is also well settled by the Apex Court. The Apex

Court in catena of decisions has held that to challenge the

compromise decree on the ground that decree is/was not

lawful i.e., void or voidable, party to consent decree based on

compromise has to approach same Court, which recorded

compromise. Separate suit challenging consent decree is not

maintainable.

While

addressing

argument,

learned

counsel

for

respondent No.1 submits that the plaintiff is a stranger to the

compromise decree hence suit filed by her is maintainable.

I am unable to accept the said contention for the simple

reasons that it is not open for a stranger to file a separate

suit.

7

Reverting to the facts of the case, the plaintiff is also a

stranger to the compromise decree and in view of bar under