In Brief
This appeal concerns the right of a party to challenge a compromise decree on grounds of fraud and collusion. The appellants sought recall of a compromise decree before the trial court, but the trial court and High Court held the application was not maintainable. The Supreme Court held that an aggrieved party has a dual remedy: either file an application before the trial court under Order 23 Rule 3 CPC to question the compromise's validity, or file an appeal under Order 43 Rule 1A CPC. The Court accordingly set aside the High Court's order and remitted the matter for fresh decision on the merits.
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