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Bombay High Court Rules on Maintainability of Motion for Setting Aside Consent Decree Alleging Fraud. Court Interprets Order 23 Rule 3A CPC and Precedent to Determine if Non-Party Can Challenge Consent Decree via Application.

Background: The dispute arose from Suit No. 1188 of 1984 concerning certain properties. Premnath, brother of original plaintiff No. 1, had been recogn...

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High Court of Judicature at Bombay Bench at Aurangabad Considers Civil Application Seeking Recall of Compromise Decree in Second Appeal No. 356 of 2001. Applicant Claims Prior Purchase of Suit Land and Alleges Fraud, Suppression, and Violation of Interim Orders.

The applicant filed a civil application seeking recall of an order dated 23.12.2011 by which Second Appeal No.356 of 2001 was disposed of in terms of ...