Supreme Court of India · 1954-04-12
SHANKAR SITARAM SONTAKKE AND ANOTHER vs BALKRISHNA SITARAM SONTAKKE AND OTHERS.
- Citation / case number
- SC 1953/1449
- Court
- Supreme Court of India
- Petitioner
- SHANKAR SITARAM SONTAKKE AND ANOTHER
- Respondent
- BALKRISHNA SITARAM SONTAKKE AND OTHERS.
- Bench
- HASAN, GHULAM
Judgment text excerpt
The Supreme Court held that a consent decree is binding as a decree passed by invitum, and if a compromise is not vitiated by fraud, misrepresentation, misunderstanding, or mistake, it operates with the force of res judicata. The Court clarified that under Order II, Rule 2(3) of the Civil Procedure Code, if a plaintiff omits to sue for all reliefs to which he is entitled, he cannot subsequently sue for those omitted claims. The appeal was dismissed, affirming the lower court's decree regarding the partition of joint family properties.