Stranger to a compromise decree cannot file an application in a suit or an appeal to challenge a compromise, as not being lawful,
A stranger to the suit is obviously a stranger to the agreement of compromise. He cannot file an application either in the suit or in the appeal proceedings to challenge a compromise decree as he is not a party to the suit. Therefore, the bar under Rule 3A of Order 23 cannot be extended to him. The provision must confine only to the parties to the suit, who are parties to the agreement to compromise. Hence, I am in respectful agreement with the decisions of the Allahabad High Court and Karnataka High Court, holding that a stranger to a compromise decree cannot file an application in a suit or an appeal to challenge a compromise, as not being lawful, but must file a separate suit for the purpose.
Bombay High Court
Khalil Haji Bholumiya Salar vs Parveen W/O. Sayyeduddin on 7 August, 2012
Bench: R.P. Sondurbaldota
