Supreme Court of India
Navratan Lal Sharma v. Radha Mohan Sharma & Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the opinion that this is not the correct approach, as it defeats the statutory right and remedy available to the appellant under the CPC. This Court in Pushpa Devi Bhagat (supra), as well as several other cases,10 has held that only the court that entertains the petition of compromise can determine its legality, at the time of recording the compromise or when it is questioned by way of a recall application.
Judgment, page 9
From the headnote
Issue for Consideration Issue arose as regards the right of a party to get the first appeal restored if compromise decree specifically does not give such liberty. Headnotes† Code of Civil Procedure, 1908 – Ord.23 r.3 – Compromise of suit – Suit for declaration and injunction by the appellant – Dismissed by trial court – Appellant filed first appeal – During pendency, compromise reached between parties and in terms thereof, the High Court disposed the first appeal – However, failure of the respondent to comply with compromise terms – Application to restore the appeal filed by the appellant
Authorities it was built on
- 2004 Bhanu Kumar Jain v. Archana Kumar and Anr.
- 2006 Pushpa Devi Bhagat (d) Th. Lr. Smt. Sadhna Rai v. Rajinder Singh and Ors.
- 1992 Banwari Lal v. Smt. Chando Devi (through L.r.) and Anr.
- 2003 Shiv Shakti Coop. Housing Society, Nagpur v. M/s. Swaraj Developers and Ors.
- 2014 R. Rajanna v. S.R. Venkataswamy & Ors.
- 2020 Triloki Nath Singh v. Anirudh Singh (d) Thr. Lrs. & Ors.
- 2010 Shanti Budhiya Vesta Patel and Ors. v. Nirmala Jayprakash Tiwari and Ors.
- 2021 R. Janakiammal v. S.K. Kumarasamy(deceased) through Legal Representatives and Others
- 2022 M/s. Sree Surya Developers and Promoters v. N. Sailesh Prasad and Ors.
- 2024 Basavaraj v. Indira and Others
- 2022 K. Srinivasappa & Ors. v. M. Mallamma & Ors.
Where later benches applied it
Of those, 1 referred to
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