A single Bench of Justice Rajnesh Oswal recently while dealing with the Civil Revision petition under section 115 of CPC held that the bar as contained under order 23 rule 3A of CPC shall not be applicable to stranger to the compromise decree challenging the compromise decree provided he is not claiming the right through a party to the compromise degree.
The petitioners in the case had challenged an order passed by the learned trial court whereby the Application under Order 7 rule 11 CPC was rejected. Feeling aggrieved of the same petitioners had challenged the said order on the ground that the respondent could not have filed the suit against the petitioners for challenging the Compromise decree passed in a suit. The petitioner further submitted that once a decree was passed pursuant to a compromise entered in respect of the suit property, the respondent could not have filed the suit in view of the bar contained in order 23 rule 3A of CPC. whereas on the other-hand, the respondents submitted that since they were not parties to the compromise decree, they had every right to file the suit and were not barred under order 23 rule 3A of CPC.
The question that arose for consideration of the court was as to whether the bar created under order 23 rule 3A of CPC is applicable to the suit filed by a person who is neither a party to the compromise decree, nor claiming any rights through the party to the compromise decree in the said suit ?
The court observed that the consent decree can be avoided by a party to a consent decree only through an application under Order 23 Rule 3-A, whose consent has been obtained by coercion, undue influence, fraud, misrepresentation or mistake, as such consent cannot be termed as free consent and contract based on such consent becomes voidable.
The court held that the bar to a Suit challenging a compromise decree is only applicable to the parties to such compromise and not to a stranger provided such a person is not claiming any right through a party to the compromise decree. Accordingly, court dismissed the petition.
