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what is the limitation of time for challenging order/decree
22-Apr-2023 (In Property Law)
There was an out of court settlement between parties to a property related case. As the case was still pending in the High court. The parties approached the court to pass an order and decree to record the settlement. Please advise if an order and decree passed by High court in this property related matter 1. can be challenged and amended/reversed. 2. If so, under what circumstances? 3. What is the time period after passing of order/decree can the same be challenged?
After the settlement agreement has been executed and both the party are ready to do their part which were mutually decided at the time of settlement ..this settlement agreement cannot be quashed.
For more information feel free to have a word with me
For more information feel free to have a word with me
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Adv. Sahej Uban
Delhi | 500+ Answers
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An order pursuant to settlement reached under o23 rule 3 of CPC cannot be challenged except in rare circumstances like fraud etc. It will be important to see the order / decree before commenting on scope.
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Hello,
For the query you posted, I would suggest the following:
The said order can be challenged on various grounds, one where no compliance has been done on part of either party and various others depending upon the facts and circumstances.
To challenge any such order you can always approach the court with 90 days of passing of the order or with a condonation application if beyond that.
I hope that answers your query
Best
M. Faris
For the query you posted, I would suggest the following:
The said order can be challenged on various grounds, one where no compliance has been done on part of either party and various others depending upon the facts and circumstances.
To challenge any such order you can always approach the court with 90 days of passing of the order or with a condonation application if beyond that.
I hope that answers your query
Best
M. Faris
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Adv. Mohd Faris
Delhi | 100+ Answers
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Hello, yes you can challenge, circumstances can be suggested after knowing all documents,
In case of an appeal 30 days. In case of Revision 90 days. After 90 days condonation of delay should be filed.
If the statutory period has lapsed, then an application for condonation of delay is mandatory.
In case of an appeal 30 days. In case of Revision 90 days. After 90 days condonation of delay should be filed.
If the statutory period has lapsed, then an application for condonation of delay is mandatory.
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Adv. Jayatee Chatterjee
Delhi | 200+ Answers
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