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july 2009

Supreme Court of India · 2009-07-20

DEVI PRASAD vs VISHWA NATH PRASAD .

Citation / case number
SC 2008/33139
Court
Supreme Court of India
Petitioner
DEVI PRASAD
Respondent
VISHWA NATH PRASAD .

Judgment text excerpt

The Supreme Court held that under Order 23 Rule 3 of the Code of Civil Procedure, a compromise cannot be imposed on an unwilling party, and if one party alleges forgery of their signature, the court must investigate this claim before accepting the compromise. The court found that the lower court failed to conduct such an inquiry, thus rendering its order unsustainable. Consequently, the impugned judgment was set aside, and the matter was remanded for proper examination of the allegations of fraud and forgery.

DEVI PRASAD vs VISHWA NATH PRASAD . · Niyam