On which grounds a compromise decree can be set aside

Amandeep Singh (Querist) 24 September 2009 This query is : Resolved
Sir
My father has signed a compromise under influence and threat by a person for sale of the property and that compromise was signed in the court because that person had filed false cases and police complaints against us and we have copy of such complaints.Pls suggest valid grounds for filling an appeal for setting aside such compromise or consent decree.riven

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Adinath@Avinash Patil (Expert) 24 September 2009
Mr.aman,
copermised decree can be set aside apellate if you satisfied court your father is under infuence of threat & coersion by person.You satisfied by srict proof of documentry evidence or filing of affidavits of witnesses who are present at the time of compromise .There are some other grounds e.g.Your father is unsound mind and he is not position to no the conditions of compermise.There is one more important ground is that the compermise conditions are illegal and they are not executed by any law.riven

adv. rajeev ( rajoo ) (Expert) 25 September 2009
Dear Aman,
I agree with Adinath Sir, In my opinion it is very difficult to prove under threat ur father compromised in the court.riven

Sarvesh Kumar Sharma Advocate (Expert) 25 September 2009
if cheating is there and u prove that,then.

Sachin Bhatia (Expert) 25 September 2009
You have to satisfied the court that your father has signed compromise under influence of threat & coersion. The burden of proof would be on you to show that your father had been unduly influenced by the other party to make this compromise in the terms that they had.

Jithendra.H.J (Expert) 25 September 2009
The courts have no jurisdiction to reopen the consent or the compromise,

except when fraud, coercion, or misrepresentation in obraining the consent or compromise, which resulted in the pasing of the decree, is pleaded and proved.

Read Order 23 Rule 3-A of CPC