https://www.taxtmi.com/caselaws?id=381235 A compromise deed filed in a pending Section 138 NI Act proceeding, recorded on oath and acted upon by the court before dismissal of the complaint, could not be separately challenged by a civil suit for declaration and cancellation. The principle underlying Order XXIII Rule 3 and Rule 3A CPC was treated as applying in substance to such proceedings, so the proper forum to question the compromise was the same court that accepted it. A separate civil action would create parallel adjudication, permit collateral attack on the judicial order, and fail once the compromise had merged into that order. The suit was therefore barred by law and disclosed no cause of action. en-us Wed, 08 May 2019 00:00:00 +0530 Fri, 07 Jun 2019 07:26:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=381235 A compromise deed filed in a pending Section 138 NI Act proceeding, recorded on oath and acted upon by the court before dismissal of the complaint, could not be separately challenged by a civil suit for declaration and cancellation. The principle underlying Order XXIII Rule 3 and Rule 3A CPC was treated as applying in substance to such proceedings, so the proper forum to question the compromise was the same court that accepted it. A separate civil action would create parallel adjudication, permit collateral attack on the judicial order, and fail once the compromise had merged into that order. The suit was therefore barred by law and disclosed no cause of action. Case-Laws Indian Laws Wed, 08 May 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=381235