Supreme Court of India · 2008-01-28
S. RATNA vs SRI SRI SRI SHIVAKUMAR SWAMYGALU
- Citation / case number
- SC 2006/25163
- Court
- Supreme Court of India
- Petitioner
- S. RATNA
- Respondent
- SRI SRI SRI SHIVAKUMAR SWAMYGALU
- 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 the Code of Civil Procedure, specifically Section 96. The Court found that the High Court erred in setting aside the compromise decree based solely on a memo from one party, without the consent of the other party. 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.