Compromise -quasi judicial
Vijayaraghavan
(Querist) 16 March 2018
This query is : Resolved
Hi guys , iam new to this forum , I had a doubt iregarding the compromise rule 3 xxlll of cpc and sec 104 of cpc 1976 . Under what circumstances the compromise can be canceled.? .is there any specific rule to set aside the consent order? Any third party to the consent order can Implead in a suit asking to set aside a consent order? Can quasi judicial compromise has a equal legality as such of judicial? Help me
Thanking you
Raghava
Dr J C Vashista
(Expert) 17 March 2018
Whatsoever you may be, your addressing the experts with "Hi guys" is absurd.
Vijay Raj Mahajan
(Expert) 17 March 2018
Compromise of suit u/o23 r/3 CPC is based on written compromise duly signed by the parties in dispute of the subject of the suit. The compromise carried during the court proceedings in the court or outside (quasi-judicial) hardly matter, what is important the compromise should be done without any force or undue influence of fraud by the parties to the suit and the compromise should not be void or voidable under the Indian Contract Act,1872 and should be lawful within the meaning of the rule 3 of order 23 CPC.
A third party challenging consent order or intervene in the suit proceedings, in case only if the compromise is unlawful , void or voidable under the Indian Contract Act and the third party has direct interest in the subject matter of the suit and such party was non-joinder in the suit for some reasons.
Ms.Usha Kapoor
(Expert) 18 March 2018
A compr9mise decree though settled outside court is Quasi judicial it should not be vitiated by fraud, coercion or force, Undue influence etc which if present are void or voidable and may be giving right to a 3 rd party to set aside a compromise decree albeit seemingly a compromise decree.if he is interested in subjectmatter of the suit.
