Bar under O. XXIII Rule 3A found Not Applicable : Misdirected Order Set Aside
In a recent case, the order passed by the learned Jt. Civil Judge, Senior Division was quashed and set aside.
In Moti Dinshaw Irani v Phiroze Aspandiar Irani [2024] GCtR 283 (Bombay), it was held that O. XXIII Rule 3A of Code of Civil Procedure, 1908 indicates that no suit shall lie to set aside a decree on the ground that the compromise on the basis of which the decree is passed was not lawful. A plain reading of the aforesaid provision indicates that the earlier suit should have been disposed of by passing a decree in view of a compromise entered into between the parties. The legal position is that a subsequent suit questioning the lawfulness of a compromise decree is not maintainable.
There was no decree passed in pending suit. "If the earlier suit itself was pending and no decree therein had been passed, there would be no question of the provisions of Rule 3A of Order XXIII of the Code being attracted."
"In absence of there being any decree in existence, the provisions of Rule 3A of Order XXIII of the Code would not be attracted."
Written by
Vishal
Delhi
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