Single Judge dismissed appeal by plaintiff challenging consent decree relinquishing inheritance rights to males. Bench held absence of perversity in finding voluntary surrender precluded substantial question of law on fiduciary relationship or registration necessity.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
RSA No.497 of 1987 (O&M) Date of decision: 10.11.2009
Smt.Chanderpati
-----Appellant
Vs.
Mewa Ram and others
----Respondents
CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL
Present:- Mr. Neelaish Bhardwaj, Advocate for the appellant. None for the respondents.
Adarsh Kumar Goel ,J.
decree of the courts below dismissing the suit for declaration challenging consent decree dated 13.3.1981 whereby she agreed to relinquish her rights in the inherited property in favour of defendants who are her brothers.
RSA No.497 of 1987 (O&M)
2
“i) Whether the registration of consent decree is essential to create new right in favour of parties?
ii) Whether the consent decree taken under fiduciary relationship is sustainable in the eyes of law?
iii) Whether the consent decree can be challenged or not in fresh suit?”
RSA No.497 of 1987 (O&M)
3
be perverse or without any evidence.
November 10, 2009 (Adarsh Kumar Goel) ‘gs’ Judge
3 issues framed by the court
Whether registration of consent decree is essential to create new rights in favour of parties.
Whether a consent decree taken under a fiduciary relationship is sustainable in law.
Whether a consent decree can be challenged in a fresh suit.
Colour shows how this judgement treated each authority
Kale and others v. Deputy Director of Consolidation and othersReferred¶6
Kale and others v. Deputy Director of Consolidation and others, (1976) 3 SCC 119 · Who else cites this
Chanderpati
Mewa Ram
Adarsh Kumar Goel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
