A party to a civil suit alleges that fraud made the recorded compromise unlawful and seeks to have the…
The party should apply to the court that recorded the compromise under the proviso to Order XXIII rule 3. That court decides whether the compromise was lawful. Rule 3A bars…
Choose your answer
A party to a civil suit alleges that fraud made the recorded compromise unlawful and seeks to have the resulting consent decree set aside. What is the proper first step under the Code of Civil Procedure, 1908?
Answer and explanation
Correct answer C
The party should apply to the court that recorded the compromise under the proviso to Order XXIII rule 3. That court decides whether the compromise was lawful. Rule 3A bars a separate suit on that ground.
Option feedback
Option A
The initial statutory challenge by a party goes to the recording court. The rule allowing a challenge to a compromise in an otherwise maintainable appeal does not create a direct appeal.
Option B
The proviso to Order XXIII rule 3 gives the recording court the task of deciding the dispute initially.
Option C
The recording court can determine whether fraud vitiated the compromise.
Option D
Order XXIII rule 3A bars a separate suit on this ground.
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