Telangana High Court
Sathu Hari Kishan Reddy, R.R.Dist. vs Sathu Ram Reddy, R.R.Dist., And 2 Otrs. on 16 July, 2024
HON'BLE SRI JUSTICE K.SURENDER
CIVIL REVISION PETITION No.2909 OF 2012
ORDER:
1. This Revision Petition is filed questioning the order of the leaned Junior Civil Judge, Ibrahimpatnam in I.A.No.431 of 2009 in O.S.NO.68 of 1985 dated 05.09.2011 in dismissing the petition filed under Section 151 CPC to set aside the compromise decree dated 08.05.1985 before the said Court and to restore the suit. The reason for setting aside the compromise decree is for the reason of playing fraud on the plaintiff by the defendants when the compromise was filed into the Court.
2. Learned Junior Civil Judge relied on the judgment in the case of A.Mohiuddin v. Abdurrahman (AIR 1953 Hyd.62), Putto Lal v. His Highness Maharaja Dhiraj Sumersinghji of Kishergarh (AIR 1963 Raj 63) and Ramakrishna Swain v. Smt.Fulamani Kamila (AIR 1975 Ori 166) and held that compromise decree cannot be challenged on the ground of fraud and undue influence and can be addressed in an independent suit and not under Order 23 Rule 3 r/w Section 151 CPC.
3. The Hon'ble Supreme Court in M/s. Sree Surya Developers and Promoters v. N.Sailesh Prasad and others (Civil Appeal 2 No.439 of 2022, dated 09.02.2022) held that in cases where the parties approached the Court on the allegation of any infirmity in the compromise decree, the same can only be questioned before the Court and no separate suit can be filed. Court further found that a party to a consent decree passed on compromise, to challenge the compromise decree on the ground that the decree was not lawful that it was void or voidable, has to approach the concerned Court which recorded the compromise and separate suit challenging the concerned decree cannot be maintained.
4. In view of bar under Section Order 23 Rule 3(A) CPC, the impugned order is set aside. However, this order will not preclude the learned Junior Civil Judge from deciding the issue on facts whether to restore the suit or not.
5. With the said observation, Civil Revision Petition is disposed off.
__________________ K.SURENDER, J Date: 16.07.2024 kvs