Supreme Court of India

Smt. Sova Ray & Anr. v. Gostha Gopal Dey & Ors.

Neutral citation
Reported as [1988] 3 S.C.R. 287
Bench A.P. Sen J.
Decided 18 March 1988

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

3 Supreme Court benches have cited this judgment.

What the Court ordered

For the reasons mentioned above, the order dated 31.8.1981 C passed by the Orissa High Court in First Appeal No. 184 of 1972 is set aside and the application filed by Gostha Gopal Dey for extension of time is rejected.

Judgment, page 9

From the 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 illegal:· The appellants had filed a suit for partition of property claiming 1/3rd share. 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

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