The Supreme Court held that advocates cannot surrender or compromise a client’s substantive property rights without explicit authorisation. The Court ruled that a compromise decree based solely on a lawyer’s consent, without the client’s signature or approval, is legally unsustainable under the Civil Procedure Code.
The Karnataka High Court dismissed a plea challenging a three-year-old compromise decree, ruling that a party cannot withdraw after accepting settlement benefits. Justice Suraj Govindaraj imposed Rs 25,000 costs on the petitioner, calling the delayed challenge an abuse of the legal process.
The Supreme Court has clarified the procedural route for challenging disputed compromises under the Code of Civil Procedure, 1908.
In a key ruling reinforcing established civil procedure norms, the Supreme Court has held that a compromise decree cannot be challenged through a fresh suit under the CPC.
Justice CT Ravikumar, born on January 6, 1960, became a Supreme Court Judge on August 31, 2021, after over two decades in legal practice. Notably, he authored 39 judgments and emphasized child welfare in custody cases and clarified legal procedural amendments. His retirement is set for January 5, 2025.
