Supreme Court · 2022 INSC 167 · Decided 9 February 2022
M/S. Sree Surya Developers and Promoters v. N. Sailesh Prasad and ORS.
- Court
- Supreme Court of India
- Citation
- 2022 INSC 167 · [2022] 3 S.C.R. 1081
- Case number
- CIVIL APPEAL No. 439/2022
- Decided
- 9 February 2022
- Bench
- M.R. SHAH, SANJIV KHANNA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC
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 - 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
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