Order 23 Rule 3 CPC | Vitiated Compromise Decree Can Be Recalled By Same Court, Separate Suit Challenging Such Decree Is Barred

Case: Abdul Majeed Ganai Vs Abdul Rahim Bhat & Another

Coram: Justice Sanjeev Kumar

Case No.: WP(C) No.1943/2022

Court Observation: “A conjoint reading of Sections 10, 13, and 14 of the Contract Act indicates that when consent is obtained by coercion, undue influence, fraud, misrepresentation or mistake, such consent is not free consent and the contract becomes voidable at the option of the party whose consent was caused due to coercion, fraud or misrepresentation. An agreement, which is void or voidable under the Indian Contract Act, shall not be deemed to be lawful as is provided by Explanation to Rule 3 of Order 23.”

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Keywords

Order 23 Rule 3 CPC, Vitiated Compromise