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RBCHAVAN (IND)     25 October 2012

Query

The division bench of the high court while hearing a writ appeal advised both the parties to file a compromise petition even though the the appellant had produced a false affidavit in the writ petition. The writ petition was dismissed mainly on the ground that the petitioner had produced a false affidavit (ruling of the supreme court of India -person producing a false affidavit -to be thrown out of the court at any stage during the proceedings) to deceive the court and to obtain a order in his favour. Now can the division bench accept the compromise petition and is there any contempt of the Supreme Court of india



Learning

 1 Replies

surjit singh (Assistant)     25 October 2012

A compromise petiton is done at the instance of the parties the court cannot force to do it. If such order is passed you can object to it and file an application for alteraction/modification of the order. Then also if the court insists for compromise then approach the higher court (i.e, Supreme court)

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