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1 - 4 of 4 (0.36 seconds)Section 114 in The Code of Civil Procedure, 1908 [Entire Act]
Ram Singh & Ors vs Gram Panchayat Mehal Kalan & Ors on 22 September, 1986
13.2. A third party i.e. a party, who is not a party to a
compromise decree would not be entitled to file an independent suit
questioning the compromise on basis of which the decree was
passed, rather as per the law laid down by the Hon'ble Full Bench of
this Court in case of Sakina Sultanali Sunesara (Momin) and Ors.
Board Of Control For Cricket, India & Anr vs Netaji Cricket Club & Ors on 10 January, 2005
12. Thus, having regard to the law laid down by the Hon'ble Full
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NEUTRAL CITATION
C/SCA/10424/2022 JUDGMENT DATED: 20/01/2023
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Bench, it would appear that the remedy available to an aggrieved party,
who was not a party to the suit or the compromise, would be to
challenge the decree passed by the Court on basis of the compromise
between the parties to the suit would be to file an appeal under Section
96(1) of CPC albeit with the leave of the appellate Court. Such a party
could also file a review application before the Court which passed the
decree, as may be permissible under Section 114 read with Order XLVII
of the CPC. Thus, it would appear that the party who is aggrieved by a
consent decree and was not party to the suit or the compromise could
invoke either of the remedies as noted herein above, whereas the party
certainly did not have the remedy of filing an independent suit as being
one available to the party concerned. In the instant case, it appears that
the plaintiffs, having not availed the remedies as enumerated by the
Hon'ble Full Bench had sought to ventilate their grievance by filing an
independent civil suit, which in the considered opinion of this Court,
would not be maintainable.
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