Compromise Decree by misuse of GPA

Querist : Anonymous (Querist) 05 April 2011 This query is : Resolved
A trial judge ordered recording of a compromise decree whereby compromise reached by misuse of NRI GPA where GPA holder sold land. We want to appeal decree. We have been told by high court that Order 43, rule 1a, is not maintainable as well as Section 96(3) is also not maintainable. So how to appeal? Law commission recommends filing under section 96 read with Oder 43, rule 1A. Does anyone know of any cases filed as such that was maintainable? Also what are the experts thoughts on such a compromise due to fraud and misuse of GPA, what is the best way to fight it? Thanks!

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Advocate. Arunagiri (Expert) 05 April 2011
Please go through the powers granted to the GPA and the undertaking given by the Principal and post the query again.

G. ARAVINTHAN (Expert) 05 April 2011
File a suit for declaration that the compromised decree is null and void as it is obtained by fraud

M.Sheik Mohammed Ali (Expert) 05 April 2011
yes, i agreed

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