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january 2012

Supreme Court of India · 2012-01-20

HORIL vs KESHAV

Citation / case number
SC 2005/8061
Court
Supreme Court of India
Petitioner
HORIL
Respondent
KESHAV
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, as it was based on allegations of fraudulent compromise and did not involve adjudication of rights in agricultural land under the U.P. Zamindari Abolition & Land Reforms Act. The Court emphasized that Order XXIII Rule 3-A of the Code of Civil Procedure does not bar the suit since it seeks to challenge the validity of a decree based on fraud. The Court reversed the High Court's decision, allowing the appellant's suit to proceed.

HORIL vs KESHAV · Niyam