Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2022 (6) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (6) TMI 373 - SC - Indian LawsValidity of order of Lok Adalat based on mutual compromise - High court set aside the order of Lok Adalat -Suit for partition and separate possession of property - Schedule properties - Compromise entered into between parties - Order XXIII Rule 3 of the Code of Civil Procedure, 1908 - HELD THAT:- It is a settled position of law that where an allegation of fraud is made against a party to an agreement, the said allegation would have to be proved strictly, in order to avoid the agreement on the ground that fraud was practiced on a party in order to induce such party to enter into the agreement. Similarly, the terms of a compromise decree, cannot be avoided, unless the allegation of fraud has been proved. In the absence of any conclusive proof as to fraud on the part of the objectors, the High Court could not have set aside the compromise decree in the instant case. There are no ground made out warranting the decision of the High Court to set aside the order of the Lok Adalat dated 07th July, 2012, wherein compromise was recorded between the parties - The High Court's decision to set aside the order of the Lok Adalat, without entering into a discussion as to the findings in such order, cannot be sustained. Such decision of the High Court runs contrary to established principles of law which seek to protect the sanctity and finality of orders based on a compromise or consent between parties. - appeal allowed.
|