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.