Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1908 – O. XXIII Code of Civil Procedure r.3-A and s.96(3) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Civil Procedure, 1908 – O. XXIII, r.3-A and s.96(3) –High Court disposed of the second appeal in terms of the allegedcompromise arrived at between the parties and decreed the suit –Review application filed by appellants, dismissed – Held: HighCourt did not examine the plea of the appellants properly keepingin view the facts alleged in the application and observed that theappellants are free to take recourse to other legal remedies –O. XXIII, r.3-A bars filing of the suit, while s.96(3) prohibits filingof any appeal, thus, legislative intent does not allow the parties totake recourse to these legal remedies to challenge the compromiseonce it is arrived at in the suit/appeal – Order passed in reviewpetition set aside – Matter remanded to High Court for deciding thereview application afresh. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 692 |
Petitioner | Ved Pal (d) Through Lrs & Ors. |
Respondent | Prem Devi (d) Through Lrs & Ors. |
SCR | [2018] 9 S.C.R. 1052 |
Judgement Date | 2018-08-10 |
Case Number | 8353 |
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