compromise was made part of the record. It is thereafter that the present suit is filed alleging that the compromise decree was vitiated by fraud ... said rule does not include the challenge to a compromise decree on the basis of fraud, undue influence etc. He submitted that the Explanation
passing a decree on a compromise in a representative suit, any person who is affected by such compromise decree, but not a party ... suit for partition which ended in a compromise can neither file suit to set aside the compromise decree, having regard to the bar contained
with the correctness of the compromise permitted the parties to enter into the compromise and that a compromise decree was drawn accordingly. In pursuance ... matter is being ended in a compromise. That a suit to set aside such a compromise decree itself is not maintainable. In that view
father. There were various pieces of property involved and ultimately, a compromise decree was passed in OS.3939/83. One of the properties that came ... subsidiary issue because the decree of 1984 continues to be a paper decree even as of today. The decree was signed several years later
preparation of a final decree as according to him the decree dated-26-11-1970 was a preliminary decree. He asked for the appointment ... petitioner-defendant-1 considered the compromise decree as only a preliminary decree and asked for preparation of final decree for partition of the properties
into such a compromise. The said compromise is not for legal necessity or benefit of the plaintiff. Even otherwise the compromise is not in accordance ... passing a decree on a compromise in a representative suit, any person who is affected by such compromise decree, but not a party
decree was filed in the suit O.S. No. 67 of 1948 and a final decree was accordingly redrawn in terms of the compromise decree ... section to show that the compromise was not collusive. On facts, learned Appellate Judge has held that the compromise decree entered into between the parties
pending before the Collector; that suit ended in a compromise, the compromise was made a decree of Court on 12-9-1945 (Ex. 62); thereunder ... parties settled a bona fide dispute; the compromise decree is as good a decree as a decree passed after contest and the same is valid
lawful agreement or compromise. The agreement of compromise recorded under this rule would result in passing a decree in accordance with terms of compromise insofar ... validity of the decree if allegation of fraud is attached to such decree by one of the parties to the compromise. Under these circumstances though
Hindu Succession Act. It is contended that, in fact the
said compromise decree through which the wife
acquired limited right of maintenance till her lifetime ... decree in O.S.No.41/1989
and the validity of the said decree was also challenged.
The court held that the said decree cannot
