Supreme Court of India
Horil v. Keshav & Anr.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the view that Revenue courts are neither equipped nor competent to effectively adjudicate on allegations of fraud that has overtones of criminality and the courts really H 10 SUPREME COURT REPORTS [2012] 3 S.C.R. A -.skilled and experienced to try such issues are the courts .constituted under the Code of Civil Procedure.
Judgment, page 9
From the headnote
Code of Civil Procedure, 1908 - Or.XX/II, r.3- - Suit - Maintainability -Appellant filed suit seeking declaration that decree passed by the Assistant Collector, Class-I, in a suit u/ ss. 176, 178 and 182 of the Land Reforms Act was fraudulent, inoperative and not binding upon him - Allegation that decree passed by Assistant Collector was based on a fraudulent compromise petition - Defendants-respondents questioned the maintainability of the suit - Whether suit filed by appellant o was barred in terms of Order XX/II Rule 3- CPC - Held: compromise forming the basis of the decree can only be
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Where later benches applied it
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