Page 16 of 34
learned counsel argued that remedy to recall a compromise
decree is contained in order 23 rule 3 of the Code ... clearly provides the remedy
Page 24 of 34
for recalling the compromise decree, if obtained, by playing fraud. Therefore,
the application being Misc. Case
compromise or execution
of the sale deed by the trustees. Now, the
compromise decree or sale deed cannot be set aside.
The compromise decree ... compromise
agreement is unlawful. Unless the Court gave a
finding that the compromise agreement is unlawful,
the compromise agreement cannot be recalled
compromise or execution
of the sale deed by the trustees. Now, the
compromise decree or sale deed cannot be set aside.
The compromise decree ... compromise
agreement is unlawful. Unless the Court gave a
finding that the compromise agreement is unlawful,
the compromise agreement cannot be recalled
compromise or refusing to record a compromise, it shall be open to the appellant to contest the decree on the ground that the compromise should ... file an application in the very suit in which the compromise is recorded to recall the consent decree on the ground that compromise
read with Order 23, Rule 3-A of the CPC to recall the compromise agreement dated 1-7-1994 as ab initio void as being ... under Section 151 of the CPC to recall the compromise agreement wherein the learned Civil Judge, dismissed the application without considering the objections
Writ Petition filed by plaintiff nos.4-6 by recalling the order of
compromise passed by the Lok Adalat on 07 th July ... July, 2012 whereby the terms
of the compromise were recorded. To recall a compromise that has
been recorded would call for strong reasons. This
Digest?
V.K. JAIN, J
1. This is an application for recalling the compromise
order dated 5th October, 2005 passed on an application
under Order ... referred to as "the Code"), the order
recording such compromise be recalled and suit
be restored and be heard on merit. About
impugned judgment and decree is not appealable
and the remedy to recall a compromise decree obtained by fraud, coercion
or undue influence is provided under ... compromise. None of the parties including petitioner
objected to the compromise deed or contents thereof. In these
circumstances, the compromise decree was passed
Zamindari Abolition and Land Reforms Act, 19501 had the jurisdiction to recall a compromise decree recorded inter partes. The skeletal facts which merit notice ... alleged compromise that no such compromise had been entered between the parties that court has to decide whether the agreement or compromise in question
present. They made
compromise out of the Court. They filed compromise
purshis vide Exh. 49 hence in view of the
compromise purshis, suit is disposed ... alleged
compromise that no such compromise had been entered
between the parties that Court has to decide whether
the agreement or compromise in question
