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Criminal Procedure Code QUESTION #9511
Question 1
A Court passes a decree on compromise. After the decree is passed, one party B claims the compromise was fraudulently obtained. B seeks to file a review. Is review a competent remedy in this case?
  • No; B must file a fresh appeal
  • Yes; Section 114 read with Order XLVII CPC allows review on the grounds of discovery of new and important evidence not within the applicant's knowledge or on account of an apparent error on the face of the record; fraud in obtaining a compromise decree may justify review✔️
  • No; review is not available against consent decrees
  • Yes; a review is available against all decrees automatically
Correct Answer Explanation
Section 114 CPC and Order XLVII provide that review lies before the same Court on discovery of new and important matter, or on account of a mistake or error apparent on the face of the record, or for any sufficient reason. Fraud in a compromise can constitute sufficient reason. However, the correct remedy under Section 12(2) for fraud challenging the decree itself is an application to the Court that passed it.