SUIT TO CANCEL COMPROMISED MATTER
Querist :
Anonymous
(Querist) 27 November 2010
This query is : Resolved
Whether a suit afresh to cancel a decree obtained in lok adalat by way of compromise can be brought on the ground of fraud between parties, or is it final even if it is against law applicable to parties.
Raj Kumar Makkad
(Expert) 27 November 2010
Yes. Any decree whether passed in Lok Adalat or in routine manner can be got challenged if the same is based upon fraud or misrepresentation
R.Ramachandran
(Expert) 28 November 2010
When the decree is passed in terms of the compromise arrived at between the parties, where does the question of fraud or misrepresentation arises?
Kirti Kar Tripathi
(Expert) 28 November 2010
Consent for compromise can be obtained by fraud.
Devajyoti Barman
(Expert) 28 November 2010
yes and compromise decree can also be challenged.
R.Ramachandran
(Expert) 28 November 2010
Dear Mr. Kirti,
'Compromise' means adjustment between the parties on terms and conditions on issues, which they consider good for themselves in the given situation and or accept to settle for. Once on such a compromised terma and conditions presented to the Court, the Court passes a decree, how can it be challenged? Where does the fraud come into picture. Even if there is fraud, and if one is not alert enough to ward of but agreed to the terms that too before the Court how can it be challenged.
While I will definitely be doing some research and come back on this, I will be thankful if you could give some citations if any available, where such challenge was entertained.
Querist :
Anonymous
(Querist) 29 November 2010
Dear colleagues, in one case 7 muslim daughters who are about to recieve half of the share each as that of their two brothers have recieved totally 1 acre of land. As per their muslim law of succession they shall recieve 1 acre each. The compromise arrived at against the muslim law of succession, whether law and mode of succession can be changed by compromise.
