Excelsior Correspondent
JAMMU, Oct 13: The Jammu and Kashmir and Ladakh High Court has held that after challenging a detention order before its execution through legal channels, they cannot argue that the order should be quashed due to a lack of live link between the current situation and the one when the detention order was issued.
A division bench of Chief Justice N Kotiswar Singh and Justice Rajesh Sekhri held that although Order 23, Rule 3-A of the Civil Procedure Code bars new suits from setting aside a decree based on a lawful compromise, the bar only applies to parties involved in the compromise and does not preclude strangers to the suit from filing independent suits to challenge the compromise decree.
Order 23 Rule 3A of the CPC lays down that once a compromise agreement is the basis for a court decree, no new lawsuits can challenge the compromise’s legality. This rule prevents multiple litigations stemming from the same compromise.
The Court was hearing a petition under Article 227 of the Constitution challenging an order issued by the Principal District Judge of Srinagar which had dismissed an application seeking to set aside judgment and decree in terms of the impugned order.
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