• Decree to be set aside

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

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9 Answers

Firstly, once a suit or case has been put before the court of law then it is the discretion of the court to set disposal it off or not on the basis of the compromise.

Secondly, and if the court disposal the same in the basis of the compromise then it means that you have agreed for the same in the court, and now you can’t be allowed to reopen the same or file a fresh one on the same cause of action.

Thirdly, but yes, your case is little different form others, now you may file an application in the previous dispossed off matter revealing all the relevant information.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Sir decrees passed on the compromise cannot be set-aside so easily you have to satisfy the court that the compromise consent was taken by fraud and other party duped you.

Further file an application in your OS to recall the order of the dismissal and restore the OS as the fraud was there in taking consent for the compromise.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

u r question needs much more detailed information regarding "evidence to prove fraud" and once settled the decision out of compromise, it can't be setaside.

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

What is fraud played upon the court .

Your query lacks basic details

It is well settled law that person who has not come to court with clean hands is not entitled to any reliefs

Court can set aside order in appeal

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

1. When you were a party to the compromise you should exercised due diligence to ensure that no document was suppressed from the court by the other party.

2. Was a compromise decree passed by the court or a simple order was written whereby and whereunder the parties were allowed to withdraw the suit? If a consent decree was passed then it can be challenged on the ground that your consent was obtained in a fraudulent manner.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. if a joint petition for compromise was filed and testified by you in support thereof then there is great difficulty to set it aside.

2. however there is legal provision under Order 23 Rule 3 to apply for its setting aside which the court is duty bound to consider and adjudicate.

3. There is no way to make partial setting aside. The court would either allow your petition in full or dismiss it.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

you have signed the consent terms on basis of which appeal was disposed of and order in original suit set aside

2) you have stated that OP suppressed one order of court . if any such order was passed you must have been heard before court passed order

3) you ought to have verified orders passed by court in your case then only signed consent terms

4) order passed by court disposing of OS would not be set aside . if at all it is set aside both orders would have to be set aside .

Ajay Sethi
Advocate, Mumbai
87897 Answers
6207 Consultations

5.0 on 5.0

If you think that we cannot read and understand clearly then go and consult those who are literate enough to read and understand what you write. Learned colleagues at bar, no reply should be given to such querists.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Dear Client,

If the order passed (Please don't focus what was that order, who was beneficiary etc) has no bearing on you or effects you than your plea of obtaining compromise decree by fraud will have no substance.

Well, as soon as a question relating to the lawfulness of the agreement/ compromise is raised before the Court that passed the decree on the basis of any such agreement or compromise, it is that Court and that Court alone who can examine and determine that question and Validity of a decree passed on a compromise cannot be challenged in a separate suit but in same court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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