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Indian law as of 8 November 2026. A party alleges that the compromise recorded in a civil court decree…

Order XXIII, rule 3A bars a separate suit seeking to set aside the decree on the ground that the compromise was unlawful. Under rule 3, the party can raise the issue before…

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Indian law as of 8 November 2026.

A party alleges that the compromise recorded in a civil court decree was unlawful. What does the Code of Civil Procedure, 1908 provide about filing a separate suit on that ground to set aside the decree?

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Answer and explanation

Correct answer C

Order XXIII, rule 3A bars a separate suit seeking to set aside the decree on the ground that the compromise was unlawful. Under rule 3, the party can raise the issue before the court that recorded the compromise.

Option feedback

Option A

Order XXIII, rule 3A bars a separate suit on the stated ground.

Option B

A High Court complaint is not a prerequisite for a separate suit. Rule 3A bars the suit itself.

Option C

Rule 3A bars the separate suit when the alleged ground is that the underlying compromise was unlawful.

Option D

Rule 3A contains no exception allowing a separate suit with the District Judge’s permission.

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