अब पारिवारिक संपत्ति से जुड़े कोर्ट केस में नहीं होगा आपसी समझौता! Supreme Court, Compromise Decree

अब पारिवारिक संपत्ति से जुड़े कोर्ट केस में नहीं होगा आपसी समझौता! Supreme Court Compromise Decree For VIP Whats App Group ( Call 8252-8252-82 ) joining Fees 1 year - 1000 Rs Compromise Decree is a decree passed by the Court when both parties agree to settle their dispute and the Court records that settlement. In simple words, instead of continuing the litigation until final judgment, the parties mutually agree on the terms and the Court makes that settlement part of the decree. ⚖️ Can You Appeal Against a Compromise Decree? Generally, NO. Under Section 96(3) of the CPC, no appeal lies against a decree passed with the consent of the parties. The Supreme Court has also clarified that an appeal is generally not maintainable against the order by which the Court records the compromise. ❌ Can You File a New Case to Cancel the Compromise Decree? Generally, NO. Under Order XXIII Rule 3A CPC, a separate suit cannot be filed merely to set aside a compromise decree on the ground that the compromise was not lawful. ✅ Then What Remedy Is Available? If a party says that the compromise was not lawful, was obtained by fraud, coercion, misrepresentation, or that there was no valid consent, the proper remedy is generally to approach the same Court which recorded the compromise, under the proviso to Order XXIII Rule 3 CPC. A valid consent decree normally remains binding unless it is set aside by the competent Court. 🏠 What About Family Property Disputes? This principle can become very important in ancestral property, family property, partition and other civil disputes where parties settle their claims during a pending case. So, the important point is: A compromise can settle the dispute, but once a lawful compromise decree is passed, challenging it through a normal appeal or a fresh suit is generally not permitted. 📌 Important Supreme Court Principle: Pushpa Devi Bhagat v. Rajinder Singh, (2006) 5 SCC 566. Watch the complete video to understand Compromise Decree, Appeal, Order XXIII Rule 3, Rule 3A and the remedies available against a consent decree. 🔥 Hashtags #CompromiseDecree #SupremeCourt #SupremeCourtJudgment #FamilyProperty #PropertyDispute #PropertyLaw #FamilyPropertyDispute #CivilCase #CivilProcedureCode #CPC #Order23Rule3 #Order23Rule3A #ConsentDecree #PartitionSuit #IndianLaw 🔎 Best Search Terms Supreme Court Compromise Decree Family Property Can Compromise Decree Be Appealed Order 23 Rule 3A CPC Explained Family Property Case Compromise Supreme Court Consent Decree Appeal and Fresh Suit