[3A. Bar to suit.—No suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful.
Amendment notes
- Ins. by Act 104 of 1976, s. 74 (w.e.f. 1-2-1977).
Order XXIII Rule 3A CPC: Bar to suit
Bare Act text
Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.
In simple words
No separate suit lies to set aside a decree on the ground that the compromise on which the decree is based was not lawful. A party who wants to challenge a compromise decree on that ground must therefore raise the objection before the Court that recorded the compromise, rather than file a fresh suit. This bar was inserted by the 1976 amendment.
Order XXIII: Withdrawal And Adjustment Of Suits
- 1 Withdrawal of suit or abandonment of part of claim
- 1A When transposition of defendants as plaintiffs may be permitted
- 2 Limitation law not affected by first suit
- 3 Compromise of suit
- 3A Bar to suit
- 3B No agreement or compromise to be entered in a representative suit without leave of Court
- 4 Proceedings in execution of decrees not affected