Supreme Court of India

Banwari Lal v. Smt. Chando Devi (through L.r.) and Anr.

Neutral citation

Bench N.M. Kasliwal and N.P. Singh JJ.

Decided 11 December 1992

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

10 Supreme Court benches have cited this judgment.

From the headnote

Code of Civil Procedure, 1908: Order 23, Rule 3, Proviso and Explana tion-Withdrawal and adjustment of suit by parties-Compromise recorded and suit dismissed by trial court on the basis of petition of Compromise filed • on behalf of appellant:-Subsequently· on the basis of application filed by plaintiff alleging that compromise was obtained by fraud Subordinate Judge recalling his earlier order-Validity of-High Court setting aside Subordinate Judge's recall order and restoring suit-Justification of-Amendment of Order 23, Rule 3--Eff ect of.

Authorities it was built on

1961 Abhiraj Kuer v. Debendra Singh cited by 54
1991 Byram Pestonfl Gariwala v. Union Bank of India and Ors. cited by 24
1951 Sant Lal Mahton v. Kamala Prasad. cited by 7

Where later benches applied it

2024 Navratan Lal Sharma v. Radha Mohan Sharma & Ors. relied on
2023 Prasanta Kumar Sahoo & Ors. v. Charulata Sahu & Ors. relied on
2021 R. Janakiammal v. S.K. Kumarasamy(deceased) through Legal Representatives and Others relied on
2025 Sakina Sultanali Sunesara (momin) v. Shia Imami Ismaili Momin Jamat Samaj & Ors referred to
2022 M/s. Sree Surya Developers and Promoters v. N. Sailesh Prasad and Ors. referred to
2022 Ajanta Llp v. Casio Keisanki Kabushiki Kaisha D/b/a Casio Computer Co. Ltd. referred to
2018 Kerala State Electricity Board and Anr v. Kurien E. Kalathil and Anr. referred to
2026 Krishna Kumar Ojha v. Jitendra Chaudhary mentioned
2021 H. S. Goutham v. Rama Murthy and Anr. Etc. mentioned
2012 Horil v. Keshav & Anr. distinguished

Of those, 3 relied on · 1 distinguished · 4 referred to · 2 mentioned

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