Challenge to Compromise Decree -- Third Party Claiming Independent Right -- Not barred from filing independent suit
(i) Civil Procedure Code, 1908, O.23 R.3A -- Challenge to Compromise Decree -- Third Party Claiming Independent Right -- Not barred from filing independent suit -- The statutory bar against filing an independent suit to challenge a compromise decree applies only to parties to the suit or compromise. A stranger claiming an independent right, title, or interest in the property, who is aggrieved by the compromise decree, may file an independent suit, an appeal under Section 96 CPC with leave of court, or an application under Section 151 CPC before the same court, at their option. (ii) Civil Procedure Code, 1908, S.151 -- Application under Section 151 CPC -- Disputed Question of Marital Status -- Cannot be adjudicated summarily -- Where the factum of marriage and consequent inheritance rights are highly disputed questions of fact requiring evidence, they cannot be summarily determined in an application under Section 151 CPC. A court exercising jurisdiction under this provision exceeds its authority by rendering findings on such complex factual disputes, and such findings are liable to be set aside as perverse and without jurisdiction.
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