What is the only remedy against a compromise decree?
Asked by: Rodrick Gleichner Sr. | Last update: February 14, 2026Score: 4.6/5 (8 votes)
The primary and often sole remedy against a compromise decree (a court order based on parties' agreement) is to file a recall application before the same court that passed the decree, challenging it on grounds like fraud, coercion, or illegality, rather than filing a new suit or appeal. Under Indian law (CPC Order 23 Rule 3A), a separate suit to set aside the decree is generally barred, making the application for recall the direct path to challenge its validity.
What is the remedy against compromise decree?
The only remedy against a compromise decree is to file a recall application. This Court in Pushpa Devi Bhagat v. Rajinder Singh, (2006) 5 SCC 566 summed up the position of law as follows: “17.
Can a compromise decree be amended?
(8) The Hon'ble Supreme Court in the case of Gupta Steel Industries(supra) has held that compromise decree cannot be interfered with or modified by court unless parties agreed to the same. Same view has been expressed by the Hon'ble Supreme Court in the case of Sneh Gupta(supra) case.
What is a compromise decree?
A compromise decree is not a decision of the court. It is acceptance by the court of something to which the parties had agreed. A compromise decree merely sets the seal of the court on the agreement of the parties. The court does not decide anything. Nor can it be said that a decision of the court is implicit in it.
What cases Cannot be compromised?
(a) civil cases which cannot be the subject of a compromise, to wit: (1) The civil status of persons; (2) The validity of a marriage or a legal separation; (3) Any ground for legal separation; (4) Future support; (5) The jurisdiction of courts; and (6) Future legitime.
Council Orders Demolition of £40k Extension! (Planning Nightmare)
What is the hardest case to win in Court?
The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
Can FIR be quashed after compromise?
The Court held that when offences arise from a single continuous transaction and a compromise is accepted as genuine for quashing certain charges, the entire FIR must be quashed in its entirety.
How to challenge a decree?
Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie to the High Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law.
What is the limitation period for execution of compromise decree?
Period of limitation under 'The Limitation Act, 1963' for filing of execution petition is 12 years from the date that the decree becomes enforceable. The same shall be filed Page 2 2 in the very court that exercised original jurisdiction.
What is the rule of compromise?
The Senate amendment provides that evidence of conduct or statements made in compromise negotiations is not admissible. The Senate amendment also provides that the rule does not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations.
What is the rule 55A amendment?
[7] Rule 55A regulates amendment of pleadings in the magistrates' courts: '(1) (a) Any party desiring to amend a pleading or document other than an affidavit, filed in connection with any proceedings, shall notify all other parties of his or her intention to amend and shall furnish the particulars of the amendment …
Can execution of decree be challenged?
The law is well settled that at the stage of execution, an objection as to executability of the decree can be raised but such objection is limited to the ground of jurisdictional infirmity or voidness.
Can compromise be done after conviction?
SC Allows Compromise Despite Conviction in Section 326 IPC Case, Cites Exceptional Circumstances. The Supreme Court of India has allowed a Miscellaneous Application seeking the compounding of an offense under Section 326 of the Indian Penal Code (IPC).
What is the difference between a compromise decree and a consent decree?
Here, it is to be noted that the difference between a consent decree and a compromise decree is that a consent decree is issued under the provisions of order 12 rule 6, whereas a compromise decree is issued under the provisions of order 23 rule 3 of the Code of Civil Procedure, 1908.
What are the remedies open to the person against whom such decree is passed?
Any aggrieved party can file a review application against whom a decree has been passed, and an appeal is allowed from that decree, but no appeal is filed. A review application shall be filed within thirty days after the decree has passed.
What is Order 23 Rule 3's significance?
Order XXIII Rule 3 of the CPC plays a vital role in resolving legal disputes through compromise. The recent Supreme Court rulings underscore the importance of formalising settlements by ensuring they are written, signed, and free of any ambiguity.
Can a compromise decree be challenged?
Compromise Decree Cannot Be Challenged Through Fresh Suit: J&K High Court The High Court has observed that a compromise decree cannot be assailed through the institution of a fresh suit, as such a remedy is barred under Order 23 Rule 3(A) of the Code of Civil Procedure (CPC).
Can a recovery suit be filed after 3 years?
As per the schedule prescribing limitation, there is a limitation of 3 years for filing Suits relating to recovery of money and suits under a contract. There is a limitation period of 12 years for suit relating to possession of immovable property and 1 year for suits arising out of torts.
Can a compromise decree be executable?
It is argued that the incorporation of the said clause makes it abundantly clear that the compromise decree would be executable hence, the petitioner cannot resile from the terms of the said clause.
What are good grounds for appeal?
Good reasons to appeal a court decision center on legal or procedural errors, such as the judge misapplying the law, improper admission/exclusion of evidence, flawed jury instructions, constitutional violations, or insufficient evidence for a verdict, while financial aid appeals are strong when family circumstances change (job loss, high medical bills). The key is showing the lower court made a significant mistake that affected the outcome, not just disagreeing with the result.
Is a decree legally binding?
The divorce decree is the most important document after your case is over, as it makes your marriage dissolution official. The terms in the divorce decree are legally binding, and your former spouse must follow them.
How to appeal a decree?
If you attended the hearing, but think that the decision was wrong, you may be able to appeal it. This must be done within four weeks of the decision being sent. You will usually need legal advice. If you are thinking about making an appeal, contact us for advice.
What is the hardest criminal case to beat?
There's no single "hardest" case, but generally, homicide (especially first-degree), crimes against vulnerable victims (children, elderly), and sex crimes are incredibly tough due to high emotions, severe penalties, complex evidence, and potential jury bias, making them difficult to defend or prosecute effectively. Other challenging cases involve intricate white-collar crimes with complex financial evidence or highly sensitive matters like treason, which has a very high bar for proof.
What are grounds for quashing FIR?
If the FIR was filed with the intention to defame, threaten, or harass someone, courts may intervene. In compoundable matters, the High Court may quash the FIR if both parties agree to settle.
What evidence is needed to prove 306 IPC?
Requirement of Proximal Link: The judgment emphasized that to convict under Section 306 IPC, the prosecution must prove a proximate link between the accused's conduct and the deceased's decision to commit suicide. Here, there was no contemporaneous complaint or medical evidence of torture.