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Supreme Court of India 2020-05-06 dismissed

TRILOKI NATH SINGH vs ANIRUDH SINGH(D) THR. LRS & ORS

Bench: 2 — A.M. Khanwilkar, Ajay Rastogi

In Brief

The Supreme Court held that a suit cannot be filed to challenge a compromise decree on the ground that the compromise was not lawful, whether by a party to the proceedings or a stranger claiming through a party. Order 23 Rule 3A of the Code of Civil Procedure bars such suits to prevent further litigation and give finality to compromises. A stranger to the compromise can only seek relief to protect his own contractual rights with a party to the compromise, which would be examined independently on its merits without questioning the decree. The sole remedy to challenge the validity of a compromise is an application before the court that passed the decree.

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Civil Procedure Compromise and Settlement Specific Relief Transfer of Property Estoppel and Res Judicata

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