Supreme Court of India · 2012-01-20
Horil vs Keshav & Anr
- Citation / case number
- AIR 2012 SUPREME COURT 1262
- Court
- Supreme Court of India
- Petitioner
- Horil
- Respondent
- Keshav & Anr
- Author
- Aftab Alam
- Bench
- Ranjana Prakash Desai, Aftab Alam
Judgment text excerpt
The Supreme Court held that the suit filed by the appellant was maintainable despite the High Court's ruling under Order XXIII Rule 3-A of the Code of Civil Procedure, as it was based on allegations of fraud regarding a compromise decree. The Court emphasized that the maintainability of the suit was not barred by the provisions of the Code, as it did not involve adjudication of rights in agricultural land. The judgment of the High Court was set aside, allowing the appellant's suit to proceed.