Supreme Court · 1988 INSC 79 · Decided 18 March 1988
SMT. Sova Ray & ANR. v. Gostha Gopal Dey & ORS.
- Court
- Supreme Court of India
- Citation
- 1988 INSC 79 · [1988] 3 S.C.R. 287
- Case number
- CIVIL APPEAL No. 2463/1982
- Decided
- 18 March 1988
- Bench
- A.P. SEN, L.M. SHARMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
Headnote
Agreement-Whether an order of Court based on consent of parties can be modified by Court at the instance of one party. without further consent of other party-'-Whether it is open to Court to alter terms of compromise otherwise-Whether a default clause in agreement is penal in·nature and of property claiming 1/3rd share. A preliminary decree was passed by .the trial c~urt. Respondent No. 1 (defendant No. 9 in the suit) challenged the decree before the High Court in first appeal. The appeal was disposed of on compromise whereby the appellants plaintiffs' claim to l/3rd share was
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