Supreme Court · 2024 INSC 970 · Decided 12 December 2024

Navratan Lal Sharma v. Radha Mohan Sharma & ORS.

Court
Supreme Court of India
Citation
2024 INSC 970 · [2024] 12 S.C.R. 453
Case number
CIVIL APPEAL No. 14328/2024
Decided
12 December 2024
Bench
PAMIDIGHANTAM SRI NARASIMHA, MANOJ MISRA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC; Contract Act

Headnote

Issue arose as regards the right of a party to get the first appeal restored if compromise decree specifically does not give such liberty. Code of Civil Procedure, 1908 - Ord.23 r.3 - Compromise of suit - Suit for declaration and Dismissed by trial court - Appellant filed first appeal - During pendency, compromise reached between parties and in terms thereof, the High Court disposed the first appeal - However, failure of the respondent to comply with compromise terms - Application to restore the

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