Partition -- Compromise Decree Without Impleading Necessary Party -- Decree is a nullity
(i) Civil Procedure Code, 1908, O.1 R.10 -- Partition -- Compromise Decree Without Impleading Necessary Party -- Compromise decree passed in a suit for partition of coparcenary property without impleading a necessary party is a nullity in the eyes of law -- Person entitled to a share cannot be treated as a stranger to the lis merely because the compromise was entered between the parties on record. (ii) Civil Procedure Code, 1908, O.23 R.3A -- Compromise Decree -- Recall Application by Omitted Necessary Party -- Bar against a fresh suit challenging a compromise decree on the ground that the compromise was unlawful does not operate against a decree passed in disregard of law, without impleading a necessary party -- Such necessary party is entitled to file a recall application against the compromise decree before the court that passed it.
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