Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1908: Or. XXIII r. 3 – Compromise of suit |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908: Or. XXIII r. 3 – Compromise of suit – Compromise recorded by the Lok Adalat, between the parties to the suit – Recall of said order by the High Court in writ petitions filed there against – Sustainability of – Held: Writ court cannot, in a casual manner, de hors any reasoning, set aside the order of the Lok Adalat – Strong reasons are required to recall a compromise recorded – Compromise ultimately results into a decree of a court which can be enforced just as a decree and such decree shall be final and binding upon the parties – Writ petition would only be maintainable against an award of the Lok Adalat, on allegation of fraud in the manner of obtaining the award of compromise – Terms of a compromise decree, cannot be avoided, unless the allegation of fraud has been proved – In the absence of any conclusive proof as to fraud on the part of the objectors, the High Court could not have set aside the compromise decree – High Court’s decision to set aside the order of the Lok Adalat, without entering into a discussion as to the findings in such order, cannot be sustained – Such decision of the High Court is against the principle of protecting the sanctity and finality of orders based on a compromise or consent between parties – Judgment of the High Court is set aside and that of the Lok Adalat is restored – Legal Services Authorities Act, 1987 – s. 21. |
Judge | Hon'ble Ms. Justice B.V. Nagarathna |
Neutral Citation | 2022 INSC 587 |
Petitioner | K. Srinivasappa & Ors. |
Respondent | M. Mallamma & Ors. |
SCR | [2022] 4 S.C.R. 190 |
Judgement Date | 2022-05-18 |
Case Number | 3486-3488 |
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