Does the bar under Order XXIII Rule 3A CPC apply to a stranger to the compromise decree?

Yes. A plaintiff who is admittedly a stranger to the suits which ended in compromise cannot, in view of the direct bar under Order XXIII Rule 3A of CPC, seek a declaration that the compromise decrees are void ab initio, null and void and liable to be set aside. The bar under Order XXIII Rule 3A of CPC is applicable to third parties as well and the only remedy available to them would be to approach the same court.

Code of Civil Procedure, 1908 — Or.VII r.11(d) — Or.XXIII r.3A — Limitation Act, 1963 — Art.59 — Art.65 — Transfer of Property Act, 1882 — s.3 — Rejection of plaint — Constructive notice — Code of Civil Procedure, 1908 — Or.VII r.11(d) — Plaint hopelessly barred by limitation — Held: Though limitation is generally a mixed question of law and facts, a plaint may be rejected under Order VII Rule 11(d) where a meaningful reading, after dissecting the vices of clever drafting creating an illusion of cause of action, shows the suit hopelessly barred. (¶18, 26) Limitation Act, 1963 — Art.59 — Transfer of Property Act, 1882 — s.3 — Limitation runs from registration — Held further: Registration operates as constructive notice and attracts the presumption under Section 3 of the Transfer of Property Act. Limitation for setting aside a registered sale deed runs from the date of registration and expires three years thereafter. (¶16, 20) Code of Civil Procedure, 1908 — Or.XXIII r.3A — Bar binds a stranger to the compromise — Held further: The bar under Order XXIII Rule 3A is applicable to third parties as well, so a stranger to the compromise cannot seek a declaration that the compromise decrees are void; the only remedy is to approach the same court. Appeal allowed; plaint rejected. (¶25, 27)

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