Supreme Court of India
Klshun @ Ram K!shun (dead) through Lrs. v. Bihari (dead) by Lrs.
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.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that the High Court was in error in holding that the appeal filed by Kishun against the decree of the trial court accepting a compromise which was disputed by him, was not maintainable.
Judgment, page 5
From the headnote
Code of Civil Procedure, I 908 : Section 96(3), Order XXlll, Rule 3, Order XJJJ, Rules I and I (m)- Appeal against a decree based on a disputed compromise-Maintainabi_lity of-Held, when an inquiry has to be made in view of proviso to Order XXIJJ Rule 3 as to existence of a disputed compromise, and suit is decreed on basis of such com_promise,_ it cannot be held to be a decree passed on consent within the meaning of Section 96(3), and bar under the Section would not be applicable. Appeal-Abatement of-Appellant and one of the defendants dying during pendency of second appeal before High
Where later benches applied it
- 2013 Daljit Kaur and Anr. v. Muktar Steels Pvt. Ltd.
- 2025 Sakina Sultanali Sunesara (momin) v. Shia Imami Ismaili Momin Jamat Samaj & Ors
Of those, 1 relied on · 1 referred to
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