Civil sUIT

Anup Hadgaonkar (Querist) 17 January 2011 This query is : Resolved
That A filed suit for partion of ancestral properties against his brothers and sisters. But ex-party order passed against all brothers and only sisters are the contesting parties to the suit. Now all the contesting sisters are redy to compromise the matter.
My Q1. is that, in the absent of the brothers, compromise decree can be passed or not?

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Amit Minocha (Expert) 17 January 2011
no compromise cannot be recorded since some of parties are exparte

Devajyoti Barman (Expert) 17 January 2011
If the ex parte order could be passed then where is the bar to pass the compromise the decree. Since it is the partition sut then the court could easily decree in relaton to the share of th consenting parties.

Advocate. Arunagiri (Expert) 17 January 2011
Exparte orders against brothers. so, only available parties can compromise the order can be passed on that. No illegality.

niranjan (Expert) 17 January 2011
As per O.23 rule 3 'where the defendant satisfied the pltff.in respect of the whole or any part of the subject matter of the suit'the court can pass compromise decree.

G. ARAVINTHAN (Expert) 17 January 2011
All the parties to the proceedings need to file a compromise memo, otherwise Court will not consider

Khaleel Ahmed Mohammed (Expert) 17 January 2011
Compromise decree can be passed, if both parties file the memo of terms and conditions of the settlement before the court.

N.K.Assumi (Expert) 18 January 2011
The said compromise may bind the sisters but it will not bind the brothers who are party to the suit as they have not signed the compromise and compromise decree will not bind the brothers.

Kirti Kar Tripathi (Expert) 18 January 2011
YES, I agree with MR. N.K.Assumi, compromise shall bind only parties in said compromse. The brother are not bound by it and they have every right to get aside the decree, passed against them ex-parte, if passed

Abhishek Marvi (Expert) 18 January 2011
agree with Mr.kirti kar

Advocate. Arunagiri (Expert) 18 January 2011
I agree with Mr.Tripati.

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