Supreme Court · 2021 INSC 316 · Decided 30 June 2021

R. Janakiammal v. S.K. Kumarasamy(Deceased) Through Legal Representatives and Others

Court
Supreme Court of India
Citation
2021 INSC 316 · [2021] 6 S.C.R. 333
Case number
CIVIL APPEAL No. 1537/2016
Decided
30 June 2021
Bench
ASHOK BHUSHAN, R. SUBHASH REDDY (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
CPC; Contract Act Section 10, 13, 14

Headnote

Code of Civil Procedure, 1908: Or.XXIII r.3 - Compromise decree - r.3 of Or. XXIII provides that where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise, the Court shall order such agreement and pass a decree in accordance therewith - r.3 uses the expression "lawful agreement or compromise" - A conjoint reading of ss.10, 13 and 14 of Indian Contract Act indicates that when consent is obtained by coercion, undue influence, fraud, misrepresentation or

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