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Compromise Petition under Order 23 Rule 3 of CPC: Can it be Filed After the Suit is Decreed?
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Order 23 Rule 3 - Recording of Compromise
The rule allows the court to record a compromise between parties either wholly or in part during the pendency of a suit. Once a compromise is recorded, it results in a decree based on that agreement J.Sujatha @ July vs M.Sathya (Deceased) - Madras. -
Post-Decree Filing of Compromise Petition
Generally, a compromise petition under Order 23 Rule 3 is filed during the pendency of the suit. After a decree has been passed, the scope of filing such a compromise petition becomes limited. Courts have held that once a decree is passed, the proper remedy to challenge or set aside the decree based on a compromise is through a separate suit or appeal, not by filing a fresh compromise petition under Order 23 Rule 3 Gopal Lal VS Babu Lal - Rajasthan, PALDEN BHUTIA VS JANUKA CHETTRI - Sikkim. -
Challenge to a Decree Based on Compromise
If a party wishes to set aside or modify a decree based on a compromise, they typically need to do so via a suit under Order 23 Rule 3-A or through appeal, as the rule does not permit a fresh compromise petition after decree. The courts have clarified that such challenges are barred once the decree is final PALDEN BHUTIA VS JANUKA CHETTRI - Sikkim, Palden Bhutia VS Januka Chettri - Sikkim. -
Legal Position and Judicial Insights
- The courts have consistently held that a compromise recorded during the suit is binding, and post-decree, the proper course is to file a suit to set aside or modify the decree if the compromise is alleged to be invalid or obtained fraudulently Narayan Dass VS Radha Swami Satsang Beas - Jammu and Kashmir, Gopal Lal VS Babu Lal - Rajasthan.
- Filing a compromise petition after the suit is decreed is generally not permissible; instead, parties should seek to set aside the decree through appropriate proceedings under the Civil Procedure Code Debasis Jena VS Rajendra Kumar Das - Orissa.
Analysis and Conclusion:
A compromise petition under Order 23 Rule 3 of CPC is intended to be filed during the pendency of a suit to record a settlement between parties. Once the court passes a decree based on that compromise, filing a new compromise petition is not permissible. Instead, parties seeking to challenge or set aside a decree based on a compromise must do so through a suit or appeal, as provided under Order 23 Rule 3-A or other applicable provisions. Therefore, a compromise petition cannot be filed after the suit has been decreed; the proper remedy is to approach the court for setting aside or modifying the decree through appropriate proceedings.
References:
- J.Sujatha @ July vs M.Sathya (Deceased) - Madras
- Gopal Lal VS Babu Lal - Rajasthan
- PALDEN BHUTIA VS JANUKA CHETTRI - Sikkim
- Palden Bhutia VS Januka Chettri - Sikkim
- Narayan Dass VS Radha Swami Satsang Beas - Jammu and Kashmir
- Debasis Jena VS Rajendra Kumar Das - Orissa
Search Results for "Whether Compromise Petition under Order 23 Rule 3 of Cpc can be Filed after the Suit is Decreed"
2015 0 Supreme(J&K) 112 • India - Jammu and Kashmir
JANAK RAJ KOTWAL
Compromise - Civil Suit - J & K Tenancy Act, Svt. 1980 - Section 67, Section 3-A - The court discussed the legality of a compromise ... a revision petition, as the plaintiff could have appealed the decision based on the compromise. ... The court dismissed the revision petition and held that the plaintiff could have assailed the impugned order in appeal. ... a petition of compromise is filed and wh....
2015 Supreme(Online)(KER) 30199 • India - High Court of Kerala
K.ABRAHAM MATHEW, J
Execution - Decree Holders - CPC Sections [Order 21 Rule 10, Section 141, Order 23 Rule 3] - The court interpreted the definition ... Issues: Whether an execution petition can be filed by someone not a party to the decree and whether such a person qualifies ... whether such a petition was maintainable based on their status co....
2006 0 Supreme(Sikk) 18 • India - Sikkim
A.P.SUBBA
Compromise Decree - Challenge to Compromise Decree - Order XXIII Rule 3-A of CPC - Summary of Relevant Acts and Sections p ... provisions of Rule 3-A of Order 23 of CPC. ... Ratio Decidendi: The court held that Rule 3-A of Order XXIII, CPC bars a separate suit to set aside....
2006 0 Supreme(Sikk) 17 • India - Sikkim
A.P.SUBBA
Issues: The main issue was whether the suit to set aside the compromise decree was maintainable under Rule 3-A of Order XXIII ... Compromise Decree - Challenge to Compromise Decree - Order XXIII Rule 3-A of CPC - Summary of Acts and Sections: Order XXIII Rule ... Ratio Decidendi: The court....
2004 0 Supreme(Raj) 202 • India - Rajasthan
ANIL DEV SINGH, K.K.ACHARYA
a petition under proviso to Rule 3 of Order 23, C.P.C. or by means of an appeal under Section 96(1), C.P.C. ... Issues: The main issue was whether a suit could be filed to set aside a compromise decree on the ground that the compromise ... the compromise decree is completely barred under Order 23#H....
2025 Supreme(Online)(Mad) 34352 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI, J
(A) Code of Civil Procedure, Order 23, Rule 3 - Partition suit - Recording of compromise - Partial compromise - Validity of compromise ... ... ... Ratio Decidendi: The court reasoned that under Order 23, Rule 3 CPC, a compromise may be recorded wholly or in part if parties ... Rule 3 #HL_S....
1913 0 Supreme(Cal) 5 • India - Calcutta
Whether the compromise agreement was a lawful agreement within the meaning of Order 23 Rule 3. ... Compromise - Public Endowment - CPC Section 92 - Order 23 Rule 3 - The court held that a suit under Section 92 of the CPC, concerning ... The court also held that the compromise was not a lawful agreement within the meaning of #H....
1960 0 Supreme(MP) 268 • India - Madhya Pradesh
H.R.KRISHNAN
COMPROMISE - ORDER 23 RULE 3 CPC - SECTION 10 CPC - COURT'S DUTY TO RECORD COMPROMISE - CONDUCT OF PLAINTIFF - REPUDIATION OF ... Later on, he filed a petition to record the compromise. ... Issues: Whether the plaintiff's conduct in continuing to prosecute the suit after entering into the compromise amounted to ... The compromise#HL_....
2002 0 Supreme(Del) 1228 • India - Delhi
S.B.SINHA, S.MUKERJEE, D.K.JAIN, A.D.SINGH, MADAN B.LOKUR
Civil Procedure Code, 1908 - Order 23 Rule 3 — Compromise decree — Affixation of court-fee — Whether court-fee is payable on a compromise ... application under Order 23 Rule 3, CPC or the compromise decree drawn up pursuant thereto whereunder a large amount happened to ... XXIII, Rule #HL_ST....
2007 0 Supreme(Ori) 788 • India - Orissa
L.MOHAPATRA
and Order 23, Rule 3, which allowed for contesting a decree on the ground that the compromise should not have been recorded. ... A - Order 23, Rule 3 - [S. 5 of the Limitation Act, Legal Services Authorities Act, 1987, Order 43, Rule 1-A, Order 23, Rule 3]/ ... Issues: The main issue was the maintainability ....
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