VED PAL (D) THROUGH LRS & ORS. versus PREM DEVI (D) THROUGH LRS & ORS.

VED PAL (D) THROUGH LRS & ORS. versus PREM DEVI (D) THROUGH LRS & ORS.

The High Court did not properly examine the appellants' plea regarding disposal of the second appeal in terms of compromise; legislative intent under Order 23 Rule 3-A and Section 96(3) CPC bars suit and appeal to challenge compromise decree; proper forum for challenge is High Court in review. The order in review petition is set aside and matter remanded for fresh consideration.

Parties
Appellant: Ved Pal (D) through LRs & Ors.; Respondent: Prem Devi (D) through LRs & Ors.
Jurisdiction
India
Judgment Date
10 August 2018
Procedural Posture
Civil Appeal / Appeal Against High Court Order Disposing Second Appeal and Review Application
Outcome
Appeal partly allowed; order in review petition set aside; matter remanded to High Court.
Legal Topics
Compromise Decree, Review, Appeal Bar, Order 23 Rule 3 a, Section 96(3) CPC
Civil Procedure Compromise Decree Review Appeal Bar Order 23 Rule 3 a Section 96(3) CPC

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Ved Pal (D) through LRs & Ors.

Appellant

Prem Devi (D) through LRs & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Order Disposing Second Appeal and Review Application

Legal Issues

  1. 1 Whether the High Court properly examined the plea of appellants regarding the compromise
  2. 2 Whether the legislative bar under Order 23 Rule 3-A and Section 96(3) CPC prevents legal remedies against compromise decrees

Ratio Decidendi

The High Court did not properly examine the appellants' plea regarding disposal of the second appeal in terms of compromise; legislative intent under Order 23 Rule 3-A and Section 96(3) CPC bars suit and appeal to challenge compromise decree; proper forum for challenge is High Court in review. The order in review petition is set aside and matter remanded for fresh consideration.

Court Disposition

Appeal partly allowed; order in review petition set aside; matter remanded to High Court.

Orders

  • Appellants permitted to amend review petition or file fresh application before the High Court.
  • High Court to decide the review petition afresh on merits.