Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | rr. 1 and 3 1908: Or. 23 Code of Civil Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Code of Civil Procedure, 1908:Or. 23, rr. 1 and 3 - Suit for declaration and possession decreed - Withdrawal of suit in terms of compromise in c appeal - HELD: If suit is to be disposed of in terms of compromise, Or. 23, r. 1 may not have any application - If an heir has derived title to the property, he cannot be deprived thereof by reason of an agreement between plaintiff and contesting defendants. Compromise in appeal - Hearing of appeal preponed for the purpose - HELD: Notice should have been given to all parties - Practice and Procedure. Constitution of India, 1950:Article 227 - Supervisory jurisdiction of High Court - HELD: Is limited so as not to enter into disputed question of fact. Limitation Act, 1963 : s.3 - Schedule - Article 123 - Period of /imitation for setting aside compromise decree - HELD: A compromise decree is as good as contested decree attracting provisions of the Act- In absence of application for condonation of delay court has no jurisdiction in terms of s. 3 to entertain application for setting aside the decree One 'BM' was the owner of the suit properties. He had a daughter namely 'MD'. One of the heir of 'MD' namely 'VN' filed two suits: Suit No 185 of 1989 was filed against transferees of 'RS' who was the third cousin of 'BM' stating that mutation was got sanctioned in 1954 by playing fraud and on misrepresentation that 'BM' was not alive nor did he had any heirs. In suit No. 303 of 1992 it was alleged B that 'RS' failed to carry out the intentions of the testator, and the terms of the trust were violated. Suit No. 185/1989 was decreed. During the pendency of appeals, the pla,intiff and respondents no. 1 to 3 and 'RS' entered into a compromise and the suit was withdrawn. Suit No. 303/ 1989 was also withdrawn in terms of the compromise. However, the application of the appellant, another heir of 'MD', who was not a party to the suit, questioning the compromise on the ground that its notice was neither given to her nor to other heirs of MD, was allowed by the appellate court; but the said order was set aside by the High Court. In the instant appeal it was contended for the appellant that the trial court having held that not only the plaintiff but the other heirs of 'MD' were also entitled to recovery of possession of the suit properties, the purported compromise entered into between the plaintiff and contesting defendants must be held to be illegal and without jurisdiction. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 201 |
Petitioner | Sneh Gupta |
Respondent | Devi Sarup & Ors. |
SCR | [2009] 2 S.C.R. 553 |
Judgement Date | 2009-02-17 |
Case Number | 1085 |
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