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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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 2 Replies

Advocate Bhartesh goyal (advocate)     09 January 2021

If daughter has share and right in property then she can challenge the compromise decree else not.

Pradipta Nath (Advocate)     09 January 2021

Depends upon the daughter's locus standi. 


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