In compromise both parties decide to withdraw the suit and appeal from the files of Court. Therefore an order is passed by civil court on the basis of that, compromise. In that order, the court disposed of my O.S. and opposite party's Appeal.I now, realized that opposite party mislead and playing fraud on court by suppressing important document, obtained that order. Now my question is as below.
I want to set aside the order limited uptown my O.S., praying to court that opposite party is not entitled to proceed with his Appeal, in view of played fraud upon the court, therefore his appeal should not be set aside.
Whether Court will allow partial set aside order?. Please post any decisions of higher court in this regards.
Asked 4 years ago in Civil Law
Actually no one understood the brief and question, I had asked yesterday. It happens when one don't read nearly, correctly and fully.
I had clearly mentioned that myself and opposite party filed a compromise pursuant in civil court and decided not to proceed with suit (for me) and appeal (for opposite party). The terms were drafted and file to court. As per our compromise pursis, civil court passed the order stating therein that, the Appeal is disposed off for want of procecution and the original suit and order passed in O.S. are hereby quashed and set aside.
After 3 months, I realized that, the opposite party suppressed one order of court and misled the court stating there is no order as such. I believe into that statement I got myself ready for compromise. If that order would have not suppressed by opposite party, then there was no necessity for me to enter into compromise. (Please don't focus what was that order, who was beneficiary etc). I can say only that due to such suppression the court mislead and I came under impression that compromise is only option left with me. I can prove in court all this. However it was not necessary but to understand what is the situation when I put question, which is as below again...
If I file an application with prayer to set aside the order of disposing my O.S. on the basis of fraud played on court (and if it is proved) and further prayer if I made not to set aside the order of disposing First appeal (though the order is together drafted and passed by court) then what view will be taken by court to set aside a decree partially. Mumbai high court in 2010 has passed such type of order by passing partial set aside in a case of arbitration under section 34. Relying on the same base, I need correct advice. Similiarly Why one will pray for setting aside the appeal, which was filed against the order of O.S. being O.S. is mine.
Asked 4 years ago