Cancellation of final decree

Querist : Anonymous (Querist) 30 December 2011 This query is : Resolved
WE GOT PARTITIONED OUR FAMILY PROPERTY THROUGH COURT WITH COMPROMISE SETTELEMENT SIGNED INFRONT OF THE JUDGE BY ALL THE PARTIES. WE GOT FINAL DECREE ALSO 1 YEAR BACK. SUDDENLY ONE OF THE PARTY NOW WANTS TO REPOEN THE CASE AND HE WANTS TO CANCELL ENTIRE AGREEMENT . IS IT POSSIBLE ? IF POSSIBLE ON WHAT GROUNDS.

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s.subramanian (Expert) 30 December 2011
A compromise decree or consent decree cannot be challenged on any ground excepting on the ground that the consent has been obtained by fraud.

Devajyoti Barman (Expert) 30 December 2011
Once compromise is made on compromise it is not so easy to set aside .
However civil suit may lie for setting aside the compromise if he can prove that his consent was obtained by force or fraud.

Prakash Yedhula (Expert) 30 December 2011
If the compromise decree was not acted upon or if it has been obtained by fraud, the same can be set aside. It depends on the facts of the case.

Querist : Anonymous (Querist) 04 January 2012
SIR,
CAN U EXPLAIN THE MEANING FOR DECREE ACTED UPON ?. AS FOR AS REPOENING OF CASE AFTER FINAL DECREE, ONE LAWER SAYS , EVEN AFTER FINAL DECREE IS ISSUED ONE CAN REPOEN THE CASE BEFORE 3 YEARS FROM THE DECREE DATE. IS IT POSSIBLE ?

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