compromise or refusing to record a compromise, it shall be
open to the appellant to contenst the decree on the ground that the
compromise should ... alleged compromise that no such compromise had
been entered between the parties that court has to decide whether
the agreement or compromise in question
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
PASSED ON I.A. FILED
UNDER SEC.151 OF CPC TO RECALL THE COMPROMISE
RECORDED IN O.S.NO.89/2016 ON THE FILE ... Order XXIII Rule 3A of
CPC , 1908, has refused to recall the compromise on which
the suit was decreed.
2. The respondent/plaintiffs having entered
date of the compromise and respondent no. 4 had not put his thumb impression on the compromise. While the recall application was pending, the petitioner ... passed on 16.7.1996. The recall application filed for recall of the order dated 16.7.1996 does not imply that the compromise was not signed by Ratan
compromise as per the terms and conditions embodied in
the compromise deed. In terms of the said compromise,
respondent has made the payment ... filed an application under Section 151 CPC praying for
setting aside/recalling of compromise decree dated 24.12.2001
4
on the ground that the compromise decree
course of time and, under the fragrance of
compromise, some of the witnesses have been recalled on that
very score along with examination ... being non compoundable, the witnesses are
allowed to be recalled in the background of compromise in
order to wash out the existing incriminating material
course of time and, under the fragrance of
compromise, some of the witnesses have been recalled on that
very score along with examination ... being non compoundable, the witnesses are
allowed to be recalled in the background of compromise in
order to wash out the existing incriminating material
recall the order of
acceptance of compromise and accordingly that order of acceptance
of compromise was recalled and the second appeal came to be
restored
rent from 24.02.2018, the date on which, compromise
petition was filed. The compromise petition is signed by
both the petitioners who are defendants ... petitioners
herein filed an application under Section 151 of CPC to
recall the compromise entered into under Order XXIII
Rule 3 of CPC dated
opposite
parties filed restoration application for recall of order
dated 01.11.1993 on the ground that the compromise
was obtained by playing fraud. Petitioners' father ... Settlement Officer
Consolidation dated 01.11.1993 on the basis of
compromise was subsequently recalled. Thereafter, the
matter was remanded and it was decided afresh
