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M/S. SREE SURYA DEVELOPERS AND PROMOTERS vs. N. SAILESH PRASAD AND ORS.

SCR Citation: [2022] 3 S.C.R. 1081
Year/Volume: 2022/ Volume 3
Date of Judgment: 06 February 2022
Petitioner: M/S. SREE SURYA DEVELOPERS AND PROMOTERS
Disposal Nature: Appeals Allowed
Neutral Citation: 2022 INSC 167
Judgment Delivered by: Hon'ble Mr. Justice M.R. Shah
Respondent: N. SAILESH PRASAD AND ORS.
Case Type: CIVIL APPEAL /439/2022
Order/Judgment: Judgment
1. Headnote

Code of Civil Procedure, 1908: Or. XXIII r.3A – Challenge to Compromise Decree by instituting a separate suit – Maintainability of – Held: Or.XXIII r.3A states that no suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful – A party challenging a consent decree based on compromise has to approach the same court, which recorded the compromise and institution of a separate suit challenging the consent decree is not maintainable – Submission of plaintiff that in the suit he has not specifically prayed for setting aside the Compromise decree rather prayed to declare that the Compromise Decree is not binding on him is not acceptable – A mere clever drafting would not permit the plaintiff to make the suit maintainable which otherwise is barred by law – Decree – Compromise decree.

2. Case referred
3. Act
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4. Keyword
  • Code of Civil Procedure
  • 1908: Or. XXIII r.3A – Challenge to Compromise Decree by instituting a separate suit – Maintainability