Supreme Court of India · 2009-03-30
DEVINENI TIRUPATHIRAYUDU vs SURAPANENI SURAMMA (D) BY LRS. .
- Citation / case number
- SC 2002/6962
- Court
- Supreme Court of India
- Petitioner
- DEVINENI TIRUPATHIRAYUDU
- Respondent
- SURAPANENI SURAMMA (D) BY LRS. .
Judgment text excerpt
The Supreme Court held that under Order 23 Rule 3A of the Civil Procedure Code (CPC), the legal representatives of a party cannot file an independent suit to challenge a compromise decree but must apply for its recall. The Court found that the trial court erred in dismissing the appellants' applications for impleadment and setting aside the compromise decree. Consequently, the Court allowed the appeals, set aside the impugned orders and the compromise decree, and restored the suit for further proceedings.