No Separate Suit Can Be Filed To Ascertain The Validity of A Compromise Memo
No Separate Suit Can Be Filed To Ascertain The Validity of A Compromise Memo
No Separate Suit Can Be Filed To Ascertain The Validity of A Compromise Memo
Appellant
Versus
S.R. Venkataswamy & Ors.
Respondents
JUDGMENT
T.S. THAKUR, J.
1.
Leave granted.
2.
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application in the said suit under Order VII Rule 11(d) read
with Section 151 Code of Civil Procedure for rejection of the
plaint on the ground that the suit in question was barred by
Rule 3A of Order XXIII of the Code of Civil Procedure.
5.
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respondent and rejected the plaint filed by the plaintiffappellant. The Court took the view that in the light of the
proviso to Order XXIII Rule 3 of the CPC inserted w.e.f.
1.2.1997, a party aggrieved of a decree on compromise had
to approach the Court that passed the decree to establish
that no compromise had taken place between the parties
which could provide a basis for the Court to act upon the
same.
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parties,
the
question
whether
the
agreement
or
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to
approach
the
Court
which
had
passed
the
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10
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.....J.
(T.S. THAKUR)
....J.
(R. BANUMATHI)
New Delhi;
November 20, 2014
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