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august 2005

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.

Kishun @ Ram Kishun (Dead) Thru. Lrs vs Bihari (D) By Lrs · Niyam