Supreme Court of India · 2008-01-28
S. Ratna vs Sri Sri Sri Shivakumar & Another
- Court
- Supreme Court of India
- Petitioner
- S. Ratna
- Respondent
- Sri Sri Sri Shivakumar & Another
- Bench
- P.P. Naolekar, Lokeshwar Singh Panta
Judgment text excerpt
The Supreme Court held that a compromise decree can only be set aside on the joint request of all parties involved, as established under Order 23 Rule 3 of the Code of Civil Procedure. The Court found that the High Court erred in setting aside the compromise decree based solely on a memo filed by one party without the consent of the other. Consequently, the Supreme Court set aside the High Court's order and remanded the matter for a fresh hearing, allowing the appeal with costs of Rs. 10,000 to be paid by the respondent.