Supreme Court · 2005 INSC 337 · Decided 5 August 2005
Klshun @ Ram K!shun (Dead) Through LRS. v. Bihari (Dead) BY LRS.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 337 · [2005] SUPP. 2 S.C.R. 383
- Case number
- CIVIL APPEAL No. 4802/2005
- Decided
- 5 August 2005
- Bench
- R.C. LAHOTI, C.K. THAKKER, P.K. BALASUBRAMANYAN (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 96(3)
Headnote
Code of Civil Procedure, I 908 : Section 96(3), Order XXlll, Rule 3, Order XJJJ, Rules I and I (m)- C Appeal against a decree based on a disputed compromise-Maintainabi_lity of-Held, when an inquiry has to be made in view of proviso to Order XXIJJ Rule 3 as to existence of a disputed compromise, it cannot be held to be a decree passed on consent within the meaning of Section 96(3), and bar under the Section would not be D applicable. Appeal-Abatement of-Appellant and one of the defendants dying during pendency of second appeal before High Court-No substitution application
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