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Supreme Court of India 2022-07-11 allowed

Hemantha Kumar vs R. Mahadevaiah & Ors

Bench: 2 — M.R. Shah, B.V. Nagarathna

In Brief

The Supreme Court reversed a High Court order that had set aside a consent decree passed by a Lok Adalat on grounds of alleged fraud. The original plaintiff and defendants jointly filed an application under Order XXIII Rule 3 CPC requesting a decree based on their settlement. The Trial Court referred the matter to the Lok Adalat, where all parties' counsel appeared and the decree was passed on the agreed terms. The High Court later set it aside, finding prima facie evidence of fraud in the chronology of dates. The Supreme Court held that absent credible material evidence, mere suspicion based on dating discrepancies cannot override a validly executed consent decree where both parties and their counsel affirmed the settlement before the court and Lok Adalat."

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Civil Procedure Consent Decree Lok Adalat Fraud Settlement

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