Can a compromise decree be Cancelled?
Asked by: Arlie Labadie | Last update: February 19, 2022Score: 4.3/5 (45 votes)
Order 23 Rule 3-A contains prohibition that no suit can be filed to challenge the compromise decree. It is inserted by Amendment Act 104 of 1976. ... It bars filing of suit for cancellation of a compromise decree on ground of compromise not being lawful.
Can a compromise decree be challenged?
Compromise decree to be challenged in the same suit and not a subsequent suit. An agreement or compromise should not be deemed to be lawful if the same is void or voidable under Indian Contract Act, 1872.
Can a compromise decree be set aside?
by amendment in 1976 reads as under:- “3A.
-- No suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful.”
Is compromise decree appealable?
(2) In an appeal against a decree passed in a suit after recording a compromise or refusing to record a compromise, it shall be open to the appellant to contest the decree on the ground that the compromise should, or should not, have been recorded.”
When can a compromise decree be challenged by third parties?
The Trial Court has held that once a Decree is made in terms of a compromise, it cannot be challenged except on the ground of fraud and coercion, and as fraud or coercion have not been alleged, the suit will also have to be dismissed as not disclosing a cause of action. 7.
247?How APPEAL maintainable against TWO types of COMPROMISE DECREE? Consent, Non Consent/Contest
How do you challenge a decree?
- The appeal shall be filed in the form prescribed, singed by the appellant, along with a true certified copy of the order.
- The appeal shall contain the grounds of objection under distinct heads, and such grounds shall be numbered consecutively.
Who can execute a decree?
As per Section 37 of Code of Civil Procedure, the decree can be executed by the court which passed the decree and as per section 38 of Code of Civil Page 2 Procedure the court to which the decree is transferred, have jurisdiction to entertain the Execution Petitions.
What is a compromise decree?
C.P.C. defines decree as the final culmination of the rights of the parties in a suit. ... formulates the procedure of providing a legal seal to the adjustments arrived at by the parties by passing a decree in consonance with the terms of such adjustment and such decree is designated as compromise decree.
Can a consent order be appealed?
Generally speaking, if you challenge the Consent Order because you say the court made a mistake, you should be appealing it. You will need to apply for the court's permission to appeal after the time limit to appeal has expired.
What is the procedure of second appeal?
The procedural right of the second appeal is conferred by this section on either of the parties to a civil suit who has been adversely affected by the decree passed by a civil court. The second appeal lies to the High Court only if the court is satisfied that it involves a substantial question of law.
Can decree be sold?
Rule 64.”Any Court executing a decree may order that any property attached by it and liable to sale, or such portion thereof as may seem necessary to satisfy the decree shall be sold, and the proceeds of sale, or a sufficient portion thereof, shall be paid to the party entitled under the decree to receive the same.”
Is it necessary to register compromise decree?
If a right is created by a compromise decree or is extinguished, it must compulsorily be registered if the compromise decree comprises immovable property which was not the subject-matter of the suit or proceeding.
What is difference between consent decree and compromise decree?
The only difference between a consent decree or a decree on a compromise on the one hand and a decree after contest on the other is that in the former case the suit is decided and a decree passed on the basis of a compromise or consent, in the latter case it is passed after the court has on the basis of the evidence ...
Can a judge overrule a consent order?
Judges can reject a consent order if they do not think it is fair. This is because a consent order, unlike other types of Court order, cannot be appealed or set aside unless in exceptional circumstances. ... At this point, the order is final and neither you, nor the judge, can usually change the agreement.
Can consent order be changed?
Once a Consent Order becomes legally binding, it is very hard to make any changes to it, unless it is possible for you negotiate new changes with your ex. There are exceptions and you may be able to challenge a Consent Order if: Your ex did not fully disclose all financial assets.
Can the CMS override a consent order?
Hello yes the CMS can overrule a consent order as long as it's been in place for 12 months plus.
What happens when case is compromised?
Rule 3 of Order XXIII stipulates as to how "compromise of suit" which contemplates 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 in writing and signed by the parties, or where the defendant satisfies the plaintiff in ...
Is compromise decree similar to ordinary decree?
Execution of compromise decree
A consent decree is executable in the same manner as an ordinary decree. But if the decree gives effect to an unlawful compromise or is passed by the court having no jurisdiction to pass it, it is a nullity and its validity can be set up even in the execution.
Can a criminal case be compromised?
New Delhi: The Supreme Court on Wednesday ruled that a constitutional court has the power to quash criminal proceedings after parties arrive at a compromise even in cases that cannot be settled ordinarily under the law.
What is the limitation for execution of decree?
The maximum period of limitation for the execution of a decree or order is 12 years from the date when the decree or order became enforceable, which is usually the date of the decree or order.
Which court can never pass a decree?
The Supreme Court has observed that, while dismissing an appeal filed by a defendant, the high court could not pass any further order beyond the judgment and decree passed by the trial court, in the absence of any cross-objection and/or cross appeal preferred by the plaintiff.
Who Cannot apply for execution?
2. Who cannot apply? A person who is neither a decree holder nor has a right to execute a decree cannot apply.
Can decree be appealed?
A court may order for execution of decree on the application of decree holder (a) by delivery of any property which was in possession of judgment-debtor and decree has been specifically passed concerning such property (b) by attachment and sell of the property of the judgment-debtor (c) by arrest and detention (d) by ...
Can we appeal against decree?
An appeal can be filed against any judgment, decree or final order of a High Court in a civil, criminal or other proceedings if the concerned High Court certifies that the case involves a substantial question of law as to the interpretation of the constitution.
Is appeal a right of a person?
Conclusion. Appeals are recognized as statutory rights of persons aggrieved by any decision of an inferior court in the interest of justice.