{"id":35284,"date":"2026-11-04T05:57:42","date_gmt":"2026-11-04T05:57:42","guid":{"rendered":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/?p=35284"},"modified":"2026-11-04T06:00:33","modified_gmt":"2026-11-04T06:00:33","slug":"compromise-decree-without-necessary-party-supreme-court","status":"publish","type":"post","link":"https:\/\/www.legalserviceindia.com\/Legal-Articles\/compromise-decree-without-necessary-party-supreme-court\/","title":{"rendered":"Supreme Court: Compromise Decree Without Necessary Party Is Nullity in Law"},"content":{"rendered":"\n

<\/span>Compromise Decree Without Impleading a Necessary Party Is a Nullity in Law: Supreme Court Reaffirms Rights of Legal Heirs in Partition Suits<\/span><\/h1>\n\n\n\n

<\/span>I. The Question and the Answer<\/span><\/h2>\n\n\n\n

Can brothers and co-sharers settle a partition suit among themselves, obtain a compromise decree, and thereby shut out a sister (or her heirs) who was never impleaded? In Geeta Bai & Ors. v. K. Arjun Singh & Ors.<\/em>, 2026 LiveLaw (SC) 1004 (order dated 28 September 2026, arising out of SLP (Civil) Nos. 20008\u201320010 of 2026), a bench of Vikram Nath and Sandeep Mehta, JJ., answered NO. Such a decree is, in the words of the Court, “a nullity in the eyes of law”, and the omitted heirs are not “strangers to the lis”: Order XXIII Rule 3A CPC does not stand between them and the court that recorded the compromise.<\/p>

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