Order 23 Rule 3 CPC | Only Remedy Against Compromise Decree Is Recall Application Before Court Which Recorded Compromise : Supreme Court
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3 months, 2 weeks ago

Order 23 Rule 3 CPC | Only Remedy Against Compromise Decree Is Recall Application Before Court Which Recorded Compromise : Supreme Court

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The Supreme Court ruled that if the compromise entered between the parties was not adhered to, there is no bar to filing a recall application seeking restoration of the proceedings under Order 23 Rule 3 of the Code of Civil Procedure, 1908. The bench comprising Justices PS Narasimha and Manoj Misra heard the appeal filed against the Rajasthan High Court's decision wherein the recall application seeking restoration of the compromise proceedings challenging the compromise recorded between the parties in terms of Order 23 Rule 3 of CPC was dismissed by the High Court noting that recording the compromise does not grant liberty to restore the appeal. The Court further clarified that restoration is the sole remedy available to the aggrieved party, as the CPC explicitly prohibits filing an appeal or a fresh suit to challenge a compromise decree. “By the impugned order, the High Court dismissed the application solely on the ground that the order dated 14.07.2022 recording the compromise does not grant liberty to restore the appeal.

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History of this topic

Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court
2 weeks, 6 days ago

Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court

Live Law  

The Supreme Court recently observed that an application filed under Section 47 of CPC relating to the determination of questions related to the execution of the decree would be deemed as an application filed under Order XXI Rule 97 if it raises questions of right, title, or interest in the property. The Court clarified that while applications under Section 47 …

Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court
2 weeks, 6 days ago

Section 47 CPC Applications Raising Property Rights After Passing Of Decree To Be Treated As Application Under Order 21 Rule 97 : Supreme Court

Live Law  

The Supreme Court recently observed that an application filed under Section 47 of CPC relating to the determination of questions related to the execution of the decree would be deemed as an application filed under Order XXI Rule 97 if it raises questions of right, title, or interest in the property.The Court clarified that while applications under Section 47 of …

O 39 R 2A CPC | Even If Injunction Order Was Subsequently Set Aside, Party Remains Liable For Its Prior Violation : Supreme Court
3 weeks, 1 day ago

O 39 R 2A CPC | Even If Injunction Order Was Subsequently Set Aside, Party Remains Liable For Its Prior Violation : Supreme Court

Live Law  

The Supreme Court observed that the subsequent setting aside of an injunction order would not preclude the courts from holding the party guilty of disobedience of the committed during the pendency of the order. The Court's decision was based on the precedent established in the case of Samee Khan v. Bindu Khan 7 SCC 59, where it was held that …

Order 23 Rule 3 CPC | Only Remedy Against Compromise Decree Is Recall Application Before Court Which Recorded Compromise : Supreme Court
Trending News
3 months, 2 weeks ago

Order 23 Rule 3 CPC | Only Remedy Against Compromise Decree Is Recall Application Before Court Which Recorded Compromise : Supreme Court

Live Law  

The Supreme Court ruled that if the compromise entered between the parties was not adhered to, there is no bar to filing a recall application seeking restoration of the proceedings under Order 23 Rule 3 of the Code of Civil Procedure, 1908. The bench comprising Justices PS Narasimha and Manoj Misra heard the appeal filed against the Rajasthan High Court's …

O.23 R.3A CPC Doesn't Bar Proceedings Instituted By Non-Party Challengers Of Compromise Decrees If They Don't Claim Any Rights: J&K High Court
1 year ago

O.23 R.3A CPC Doesn't Bar Proceedings Instituted By Non-Party Challengers Of Compromise Decrees If They Don't Claim Any Rights: J&K High Court

Live Law  

Clarifying the applicability of the bar under Order 23 Rule 3-A of the Civil Procedure Code to challenge compromise decrees the Jammu and Kashmir and Ladakh High Court has recently ruled that said bar does not apply to non-party challengers of compromise decrees, provided they are not claiming any right through a party to the compromise decree. After meticulously analysing …

Order 23 Rule 3A | Bar To Suit Challenging Compromise Decree Not Attracted When Compromise Recorded But Suit Not Disposed: Bombay HC
1 year, 1 month ago

Order 23 Rule 3A | Bar To Suit Challenging Compromise Decree Not Attracted When Compromise Recorded But Suit Not Disposed: Bombay HC

Live Law  

The Bombay High Court recently observed that bar under Order 23 Rule 3A of the CPC on a suit against a compromise decree is not attracted when a compromise is merely recorded in the earlier suit but the suit is not yet disposed.A division bench of Justice AS Chandurkar and Justice Jitendra Jain allowed an appeal against a trial court …

Order 23 Rule 3(A) - Bar On Filing New Suits Only Applicable To Parties Involved In Compromise Decrees, Not To Strangers: J&K High Court
1 year, 5 months ago

Order 23 Rule 3(A) - Bar On Filing New Suits Only Applicable To Parties Involved In Compromise Decrees, Not To Strangers: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has held that although Order 23, Rule 3-A of the Civil Procedure Code bars new suits from setting aside a decree based on a lawful compromise, the bar only applies to parties involved in the compromise and does not preclude strangers to the suit from filing independent suits to challenge the compromise …

Order 23 Rule 3 CPC | Vitiated Compromise Decree Can Be Recalled By Same Court, Separate Suit Challenging Such Decree Is Barred: J&K&L High Court
2 years, 6 months ago

Order 23 Rule 3 CPC | Vitiated Compromise Decree Can Be Recalled By Same Court, Separate Suit Challenging Such Decree Is Barred: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Wednesday observed that a compromise deed is essentially a contract between the parties superimposed by the decree of the Court and such a decree can be avoided only by approaching the same Court and demonstrating before it that the compromise on the basis of which decree is passed is not lawful. …

Application Seeking Recall Of Compromise Decree Can Be Filed Before The Court Which Granted It : Supreme Court
2 years, 10 months ago

Application Seeking Recall Of Compromise Decree Can Be Filed Before The Court Which Granted It : Supreme Court

Live Law  

The Supreme Court observed that an application seeking recall of a compromise decree on the ground that it suffers from fraud and collusion can be filed before the the Court which granted the decree.In this case, the plaintiffs filed an application under Order 23 Rule 3 read with Section 151 of the Code of Civil Procedure before the court which …

[Order 23 Rule 3] Statements Recorded Before Court Hold Equal Sanctity As A Written Instrument Of Compromise: P&H HC [Read Order]
4 years, 5 months ago

[Order 23 Rule 3] Statements Recorded Before Court Hold Equal Sanctity As A Written Instrument Of Compromise: P&H HC [Read Order]

Live Law  

"Statements recorded before a Judicial Officer in a Court of law cannot be said to have lesser sanctity then an instrument of Compromise drawn outside the Court attested by some Oath Commissioner/Notary Public or any other authority," held the Punjab and Haryana High Court recently. It was argued that in judgements delivered by the Supreme Court subsequent to Gurpreet' Singh's …

Order XXIII Rule 3A CPC: Bar To File Separate Suit Challenging Compromise Decree Applies To Stranger Also: SC [Read Judgment]
4 years, 10 months ago

Order XXIII Rule 3A CPC: Bar To File Separate Suit Challenging Compromise Decree Applies To Stranger Also: SC [Read Judgment]

Live Law  

The Supreme Court has held that the bar under Order 23 Rule 3A CPC to challenge a decree passed on a compromise in a separate suit applies also to the stranger to the proceedings. In this case, the plaintiff had filed a suit alleging that a compromise decree was obtained by the defendants by fraud and misrepresentation concealing the salient …

Section 144 CPC [Restitution] Not Attracted When There Is No Variation Or Reversal Of A Decree Or Order, Reiterates SC [Read Judgment]
5 years, 4 months ago

Section 144 CPC [Restitution] Not Attracted When There Is No Variation Or Reversal Of A Decree Or Order, Reiterates SC [Read Judgment]

Live Law  

The Supreme Court has observed that the provisions of Section 144 of the Code of Civil Procedure will not be attracted when there is no variation or reversal of a decree or order. Thereafter, a petition under Section 151 read with Section 144 CPC was filed before the High Court to restore possession of the subject property. The possession was …

S. 96(3) CPC- Bar On Appeal Against Compromise Decree Not Applicable Where Court Declines To Record Some Part Of Compromise: Allahabad HC
5 years, 6 months ago

S. 96(3) CPC- Bar On Appeal Against Compromise Decree Not Applicable Where Court Declines To Record Some Part Of Compromise: Allahabad HC

Live Law  

Dismissing a petition filed under Article 227 of the Constitution on account of availability of an alternate remedy, the Allahabad High Court has held that the bar against appeal from a compromise decree shall not apply in cases where the court records some part of the compromise while declines to record the remaining part. In this view, the court passed …

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