Case Name : Shree Surya Developers & Promoteres vs N Sailesh Prasad & Ors Case Reference: (0000) 0 SCC 00 Case Number: CA No 439-441/2022 Court: Supreme Court Bench: 02 Coram: MR Shah (Author); Sanjiv Khanna Date: 09.02.2022
Order XXIII rule 3A bars suit to set aside decree on ground that compromise on which decree was passed was not lawful. An agreement or compromise which is clearly void or voidable shall not be deemed to be lawful and bar under rule 3A shall be attracted if compromise on the basis of which decree was passed was void or voidable. Party to consent decree based on compromise to challenge the compromise decree on ground that decree was not lawful, that it was void or voidable has to approach the same court which recorded the compromise and a separate suit challenging the consent decree was not maintainable
Refer also: R Janakiammal vs SK Kumarasamy (2021) 9 SCC 114
See also: CPC - Order VII rule 11