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Supreme Court of India

M/s. Sree Surya Developers and Promoters v. N. Sailesh Prasad and Ors.

Neutral citation
Bench M. R. Shah and Sanjiv Khanna JJ.
Decided 9 February 2022

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.

2 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above and for the reasons stated above, the present appeals succeed.

Judgment, page 17

From the headnote

Code of Civil Procedure, 1908: Or. XXIII r.3A – Challenge to Compromise Decree by instituting a separate suit – Maintainability of – Held: Or.XXIII r.3A states that no suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful – party challenging a consent decree based on compromise has to approach the same court, which recorded the compromise and institution of a separate suit challenging the consent decree is not maintainable – Submission of plaintiff that in the suit he has not specifically prayed for setting aside the Compromise…

Authorities it was built on

Where later benches applied it

Of those, 2 referred to

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