How to restore suit if compromise has taken place
Divya
(Querist) 26 August 2012
This query is : Resolved
Hello All
This query pertain to a civil suit (land related)...Both parties had compromised and suit closed.
After a few months, Certain facts came to be known to one of the parties....Had these facts been known to the 1st party, the suit would have taken a different direction as important info pertaining to land title & restrictions were not told to court & to the 1st party.
Can the 1st party reopen the suit under 151 cpc, maintaining the compromise decree but with a view of re-eopening of suit with the additional information.....
Thankyou
Adv.R.P.Chugh
(Expert) 26 August 2012
Yes in such a situation if it is required in the ends of justice the court can recall the order allowing comrpomise, if it is vitiated by fraud/force. However if the facts were such which could have been known by the 1st party with reaasonable diligence, then in that case there would be no recall of order
R.K Nanda
(Expert) 26 August 2012
Yes, it can but chances r poor.
venkatesh Rao
(Expert) 26 August 2012
You can not blow both hot and cold. You have to either bound by the compromise, or else, seek for setting aside the compromise decree.
Raj Kumar Makkad
(Expert) 26 August 2012
Go through Order 23 of CPC wherein a power has been vested in the court to recall its order/judgment wherein a party has erroneously in the suit.
Devajyoti Barman
(Expert) 26 August 2012
No he can not reopen suit.
But if fraud is played upon him and the court then he can file a declaratory suit for declaring the decree a s null and void.
