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S. S. Rathi (other)     08 September 2025

Appeal for settled civil suit after compromise

I m POA holder for plaintiff in civil suit and this suit is settled by filling the compromise petition.

 but one civil application is pending was ordered by court on same day of compromise petition while this application was not argued by both parties.

 

But this impugned order contents only defame us and were inserted to prevent the defendant from another legal notice issued by me for another matter.

So what remedies available to me for my legal notice or to plaintiff for settled suit. 

Whether complromise petition challenge or only civil revision application filed at higher court for impugned order on civil application without arguments. Or no effect on my legal notice even content of order prevent to defendant for this notice

Please need your guidance as appeared as party in person.



 4 Replies

T. Kalaiselvan, Advocate (Advocate)     09 September 2025

If a  civil suit is disposed of by compromise settlement, any pending Interlocutory Applications (IAs) are also disposed of, as the case is considered closed, and no further hearings or actions are pending. The term "disposed" indicates that the court has completed its involvement by resolving all the issues in the case, either through a final judgment, settlement, or compromise, thus bringing the entire proceedings to an end. 

You have agreed and accepted the terms of settlement hence you cannot dispute about the orders once the comromise decree has been paed. 

Dr. J C Vashista (Advocate )     09 September 2025

Very well analysed, opined and advised learned senior expert Mr. T Kalaiselvan, I concur.

Once you have settled the matter the case comes to close and nothing is left out.

Compromise order / decree is non-appellable, final and shall not be reopened except very exceptional circumstances, such as non-comliance of its (settlement) terms and conditions (if any).

No interlocutory application is left out to be considered by the court after a compromise settlement.

S. S. Rathi (other)     09 September 2025

Thanks for your valuable guidance 

Our Compromise Petition is signed one day before of trial.

And the civil application order passed without arguments and order upload on it after filing Compromise Petition. And the whole contents against plaintiff as well prevent defendant from new legal notice issued by me in another matter.

So even if this civil application not challenge at higher court then my legal notice have in existence ? by consider this order is impugned and passed without arguments on it.

 

Advocate Bhartesh goyal (advocate)     09 September 2025

Since you both parties voluntarily entered into compromise and accordingly your suit was compromised/settled and court's order passed .Compromise order can not be challenged and no appeal lies against such order .


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