Sakina Sultanali Sunesara (Momin) vs Shia Imami Ismaili Momin Jamat Samaj 2025 INSC 570 - CPC- Compromise Decree
Code of Civil Procedure 1908 - Order XXIII Rule 3,3A - Order XLIII Rule 1-A - If a person was already a party to the suit, and denies that any lawful compromise ever took place, the CPC requires that person to go back to the Trial Court under the proviso to Order XXIII Rule 3 and ask that Court to decide whether the compromise is valid. On the other hand, someone who was not a party to the suit, but whose rights are hurt by a consent decree, may approach the Appellate Court in a First Appeal under Section 96 of the CPC, but only after obtaining leave. Order XLIII Rule 1-A does not create an independent appeal at all; it merely says that, once an appeal is otherwise before the Court, the appellant may argue that the compromise should, or should not, have been recorded. (Para 15)
