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december 2024

Supreme Court of India · 2024-12-12

Navratan Lal Sharma vs Radha Mohan Sharma

Citation / case number
2024 INSC 970
Court
Supreme Court of India
Petitioner
Navratan Lal Sharma
Respondent
Radha Mohan Sharma
Author
Pamidighantam Sri Narasimha
Bench
Pamidighantam Sri Narasimha

Judgment text excerpt

The Supreme Court ruled that under Order 23, Rule 3 of the Code of Civil Procedure, 1908, a party has the statutory right to restore an appeal if the terms of a compromise are violated, even if the High Court did not grant explicit liberty for restoration. The Court emphasized that restoration is the sole remedy available to the aggrieved party in such circumstances. Consequently, the appeal was allowed, and the High Court's order denying restoration was set aside.

Navratan Lal Sharma vs Radha Mohan Sharma · Niyam