Supreme Court · 2014 INSC 796 · Decided 20 November 2014

R. Rajanna v. S.R. Venkataswamy & ORS.

Court
Supreme Court of India
Citation
2014 INSC 796 · [2014] 14 S.C.R. 535
Case number
CIVIL APPEAL No. 10416/2014
Decided
20 November 2014
Bench
T.S. THAKUR, R. BANUMATHI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

Code of Civil Procedure, 1908 "-- Or. XX/II r. 3 - Compromise of suit - Validity of a decree passed on a compromise in a suit - Challenged to, in a separate suit- C Held: Separate suit is 'not maintainable - Only remedy available to the aggrieved parly is to approach the Courl which had the Court HELD: Order XXlll Rule 3A of Code of Civil D Procedure, 1908 clearly bars a suit to set aside a decree on the ground that the compromise on which the decree is based was not lawful. This implies that no sooner a question relating to lawfulness of the agreement or compromise is

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