Compromise Decree -- Omission of Necessary Party in Partition Suit -- Decree is a nullity and omitted party can seek its recall
(i) Civil Procedure Code, 1908, O.23 R.3 -- Compromise Decree -- Omission of Necessary Party in Partition Suit -- Compromise decree in a partition suit over coparcenary property, passed without impleading a necessary party, is a nullity -- Omitted party, or her legal heirs, can apply for recall before the court that passed it -- Separate suit or leave to appeal is not the only remedy. (ii) Civil Procedure Code, 1908, O.23 R.3A -- Compromise Decree -- Bar on Challenge by Omitted Necessary Party -- Bar on a fresh suit against a compromise decree does not apply to a necessary party who was left out of the suit -- Such a party is not a stranger to the dispute and is not barred from seeking recall of a decree passed behind her back.
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