Manjunath Tirakappa Malagi vs Gurusiddappa Tirakappa Malagi (D) 2025 INSC 517 - Order XXIII Rule 3 CPC - Compromise Decree
Code of Civil Procedure 1908 - Order XXIII Rule 3, 3A - The only remedy against a compromise decree is to file a recall application- No appeal is maintainable against a consent decree having regard to the specific bar contained in Section 96(3) CPC- No independent suit can be filed for setting aside a compromise decree on the ground that the compromise was not lawful in view of the bar contained in Rule 3-A. Referred to Pushpa Devi Bhagat v. Rajinder Singh, (2006) 5 SCC 566. (Para 10-12) [Context: SC upheld dismissal of a suit for declaring a compromise decree entered into as null and void]
A compromise decree cannot be challenged by filing a fresh suit. The only remedy is to file a recall application.
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