Compromise Decree In Representative Suit Void If Obtained Without Leave Of Court And Notice To Interested Parties: SC [Read Judgment]

LIVELAW NEWS NETWORK

4 Aug 2019 10:42 AM IST

"Such violations of Order XXII Rule 3-B of the Code of Civil Procedure cannot be said to be merely procedural, and go to the root of the matter since they deprive the affected parties of the chance to question the terms of the compromise that they are going to be bound by."

The Supreme Court has observed that a compromise decree in a representative suit obtained without the leave of the court and without issuing notice to the parties interested would be void. In Aliyathammuda Beethathebiyyappura Pookoya vs. Pattakal Cheriyakoya, the Court found that the parties to the decree in a suit in the nature of a representative suit did not obtain leave of the court and...

Compromise Decree In Representative Suit Void If Obtained Without Leave Of Court And Notice To Interested Parties: SC [Read Judgment]

LIVELAW NEWS NETWORK

"Such violations of Order XXII Rule 3-B of the Code of Civil Procedure cannot be said to be merely procedural, and go to the root of the matter since they deprive the affected parties of the chance to question the terms of the compromise that they are going to be bound by."

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