Seth before the Learned Prescribed Authority (Civil Judge), Lucknow and the compromise decree dated 23.09.2008;
(iv) That the said S.C.C. Case No.0900093 ... Opposite Party No.2 filed an Appeal against compromise decree dated 23.09.2008 along with Application under Section 5 , Limitation Act, 1963 seeking condonation of delay
said judgement, insofar as the same that it is against the compromise decree.
4. The same fact is argued by the counsel for the respondent ... earlier writ petition also, this Court had observed that a compromise decree was sought to be challenged, thus, the fact ofWrit Petition
counsel for the petitioner argues that on the basis of a compromise decree dated 7.11.1985 the petitioner had filed execution application. In the said execution ... counsel for the petitioner submits that in terms of the compromise decree a sale deed was executed in his favour on 17.2.1994 and, thus
already been filed seeking declaration of the compromise decree as forged, fabricated and null and void, as such the rejection of the application under Order
same, the suit came to be decreed on the basis of compromise inter se in between the parties who are party to the suit vide ... virtue of their claim were not even affected by the compromise decree, as such, no interference is called for. However, in case the petitioners claim
based upon a compromise inter se in between the parties. The respondent claimed that he has not signed the compromise, as such, the same ... this court in which admittedly the defendant did not sign the compromise decree and as such, the same was not binding
well as subsequent orders passed for execution of the said compromise decree.
3. Learned counsel for the respondent states that the petitioners had earlier approached ... liable to be dismissed on two grounds: firstly, that against a compromise decree, a writ would not lie and secondly for concealment of the material
compromise was arrived at inter se in between the parties.
3. The Counsel for the applicant is directed to file a compromise decree
compromise had taken place in between the parties. The appellate Court also noticed that neither the facts with regard to the compromise decree
never impleaded.
It is well settled that a compromise decree, which if alleged to have taken place conclusively, can be recalled by moving an appropriate ... cause of action still survives for recall of the compromise decree.
This order has been passed in the presence of Shri M.P. Yadav, counsel
