Supreme Court · 2012 INSC 46 · Decided 20 January 2012
Horil v. Keshav & ANR.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 46 · [2012] 3 S.C.R. 1
- Case number
- CIVIL APPEAL No. 776/2012
- Decided
- 20 January 2012
- Bench
- AFTAB ALAM, RANJANA PRAKASH DESAI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 9; Limitation Act
Headnote
A B Code of Civil Procedure, 1908 - Or.XX/II, r.3-A - Suit - Maintainability -Appellant filed suit seeking declaration that decree passed by the Assistant Collector, Class-I, in a suit u/ C ss. 176, 178 and 182 of the Land Reforms Act was fraudulent, inoperative and not binding upon him - compromise petition - Defendants-respondents questioned the maintainability of the suit - Whether suit filed by appellant o was barred in terms of Order XX/II Rule 3-A CPC - Held: A compromise forming the basis of the decree can only be questioned before the same court that recorded the
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