Suresh Patil 09 January 2021

Can written compromise decree in court challenged

Parties agreed to compromise in partition suit. Accordingly filed written compromise petition under Order 23 rule 3. All were present before the judge. All signed. All lawyers of parties signed. Judge passed compromise decree. Accordingly parties got their shares of property. Later sold also.After two and half years, daughter of one party wants to open the case. Her lawyer wants to file suit against original parties plus the purchasers of properties sold after compromise. Is it possible?

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Quick Summary

A compromise decree, reached and signed by all parties and their lawyers in a partition suit, was later challenged by the daughter of one of the original parties two and a half years after the decree was passed and the property sold. The key question is whether such a decree can be challenged, especially when purchasers of the property are involved. The possibility of challenging the decree hinges on the daughter's legal standing (locus standi) and whether she had a rightful share or interest in the property that was compromised.