Supreme Court of India · 2005-08-05
Kishun @ Ram Kishun (Dead) Thru. Lrs vs Bihari (D) By Lrs
- Citation / case number
- AIR 2005 SUPREME COURT 3799
- Court
- Supreme Court of India
- Petitioner
- Kishun @ Ram Kishun (Dead) Thru. Lrs
- Respondent
- Bihari (D) By Lrs
- Author
- P.K. Balasubramanyan
- Bench
- R.C. Lahoti, C.K. Thakker, P.K. Balasubramanyan
Judgment text excerpt
The Supreme Court addressed the validity of a compromise under Order XXIII Rule 3 of the Code of Civil Procedure, emphasizing that a valid compromise must be established by mutual consent of all parties involved. The Court held that since one party denied the existence of a compromise, the trial court's rejection of the application was justified. The Court affirmed the Additional District Judge's ruling that the remedy for the aggrieved party was to seek declaration of title in the revenue court, thereby upholding the principle that a compromise must be clear and unequivocal to be enforceable.