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Supreme Court of India

M/s. Sree Surya Developers and Promoters v. N. Sailesh Prasad and Ors.

Neutral citation
Reported as [2022] 3 S.C.R. 1081
Bench M. R. Shah and Sanjiv Khanna JJ.
Decided 9 February 2022

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

In view of the above and for the reasons stated above, t he present appeals succeed.

Judgment, page 17

From the headnote

Code of Civil Procedure, 1908: Or. XXIII r.3A – Challenge to Compromise Decree by instituting a separate suit – Mai ntainability of – Held: Or.XXIII r.3A states that no suit shall li e to set aside a decree on the ground that the compromise on which the d ecree is based was not lawful – party challenging a consent decree based on compromise has to approach the same court, which recorded t he compromise and institution of a separate suit challenging the consent decree is not maintainable – Submission of plaintiff that in t he suit he has not specifically prayed for setting aside th e

Authorities it was built on

Where later benches applied it

Of those, 2 referred to

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