compromise. The Court did not give its sanction to the compromise on their behalf, and therefore to this extent qua these minors only, the compromise ... compromise being effected, for the purpose of showing that the plaintiffs have consistently recognised the compromise, and are thereby estopped now from denying its validity
basis of said compromise dated 25.4.1998. It was only a compromise of give and take. It was also a compromise to end all the pending ... derived benefit. She is, therefore, estopped from challenging the legality and validity of compromise dated 25.4.1998 arrived at in Civil Appeal
needs to be considered now in this appeal is the
validity of the compromise decree through which the respondent/defendant
claims that ... submitted that the objection of the
appellants to the validity of the compromise decree is not sustainable for the
reason that the decree recognised only
compromise has to decide whether the compromise was void or voidable under the Contract Act . As such a challenge to the compromise or compromise decree ... essence of the compromise, this fact would have been mentioned in the compromise. The compromise decree was passed on 25.8.1993 and this application has been
appellate Court framed two points for
its determination about the validity of the
compromise Judgment and Decree of the trial court.
Ultimately, it held that ... 1990 is
unlawful and cannot be ground to challenge the
validity of the compromise.
8. So far as the validity of the compromise
decree obtained
party, who challenges, the recording of the compromise, to question the validity thereof while preferring an appeal against the decree. Section ... Code, in which he can now question the validity of the compromise in view of Rule 1-A of Order43 of the Code."
Thus
held that an
omission to record compromise is not fatal to the validity of the
decree passed on compromise since the defect is curable ... terms and conditions mentioned in the petition of the
compromise. It was held that validity of that order has to be
judged treating
agitated in that action. There was, however, a compromise between the parties, and by this compromise the plaintiffs got certain property out of the property ... Dutt that the plaintiffs were estopped from questioning the validity of the compromise which has been now acted upon. This argument is founded upon
jurisdiction of Rs. 4000/- only but that the property involved in the compromise was valued more than that He came to the further conclusion that ... decree does not in any way affect the validity of the compromise, secondly that the respondent is also bound by estoppel to question the validity
plaintiff's suit cannot be
maintained. However, if the validity of the compromise decree is
attacked on the ground that there could ... taken as a relevant circumstance to
discredit the validity of the compromise. The vitiating circumstance
is just not that the plaintiff did not know what
