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Adv. Kanisth Manuja
Oct 22, 2026

Supreme Court: A Compromise Decree Without a Necessary Party Is a Nullity

Legal Insights, Property & Real Estate

In Geeta Bai & Ors. v. K. Arjun Singh & Ors. (2026 LiveLaw (SC) 1004, reported on 30 September 2026), the Supreme Court held that a compromise decree in a partition suit is a nullity if a person entitled to a share in the property was never made a party. The Court also held that the heirs of that person are not “strangers” to the suit, so the bar in Order XXIII Rule 3A of the Code of Civil Procedure does not stop them from asking the court to recall the decree passed behind their back.

At a glance

  • Case: Geeta Bai & Ors. v. K. Arjun Singh & Ors., Civil Appeals arising out of SLP (Civil) Nos. 20008-20010 of 2026; 2026 LiveLaw (SC) 1004
  • Court and bench: Supreme Court of India, Justice Vikram Nath and Justice Sandeep Mehta
  • Decided: late September 2026 (reported on 30 September 2026)
  • Appeal against: an order of the High Court refusing to recall a compromise decree of 23 September 2020 in a partition appeal
  • Held: a compromise decree obtained without impleading a necessary party “was a nullity in the eyes of law”; the excluded party’s heirs can seek recall of the decree
  • Result: appeals allowed; the High Court’s order set aside and the recall applications sent back to the High Court to be decided afresh

What happened

A suit for partition of ancestral property was filed without Ballo Bai as a party, although she claimed a one-fourth share. The trial court dismissed the suit. In the appeal before the High Court, the original parties settled among themselves and a compromise partition decree was passed on 23 September 2020.

Ballo Bai had died by then. Her legal heirs applied to the High Court to recall the decree, to be added as parties, and for an order stopping any sale of the property. The High Court held that their remedy was a separate suit or an appeal with leave, and refused the applications. The heirs went to the Supreme Court.

What the Supreme Court held

The Court looked first at who was entitled to a share. Section 6 of the Hindu Succession Act, 1956, as amended in 2005, gives a daughter the same rights in coparcenary property as a son. On that basis the Court held that Ballo Bai was entitled to claim a one-fourth share in the suit property, and so “was undoubtedly a necessary party to the proceedings”.

It followed that the compromise, made without her or her heirs, could not bind them. The Court said the decree “was a nullity in the eyes of law”.

The Court then dealt with Order XXIII Rule 3A, which says that no suit can be brought to set aside a decree on the ground that the compromise on which it is based was not lawful. The High Court had relied on that bar. The Supreme Court said that “by no stretch of imagination” could Ballo Bai and her legal heirs be treated as strangers to the suit, and that they could not be shut out from seeking “recall of a decree obtained behind their back”.

The Court did not decide the recall applications itself. It sent them back to the High Court to be heard afresh. The order, as reported, also kept the earlier interim protection alive for two weeks and left the High Court free to decide any stay request on its own.

Is this new law?

No. The Court applied settled ideas: a person who must be heard cannot be bound by a decree passed without them, and a daughter’s share under section 6 of the Hindu Succession Act is a real share. The daughters’ right itself was explained by the Supreme Court in Vineeta Sharma v. Rakesh Sharma (2020), which held that a daughter is a coparcener by birth. What this judgment adds is the procedural point: the excluded heir can ask the same court to recall the compromise decree, and Order XXIII Rule 3A is not a bar to that. It was decided on its own facts, and the full reasoning should be read in the judgment text before relying on it in a particular case.

What it means for you

If you are a family member who was left out of a partition case

  • Check whether you were named as a party or served. If not, an order passed in your absence may not bind you.
  • Move quickly. File an application in the same court to recall the decree and to be added as a party, and ask for an order stopping any sale or transfer while it is decided.
  • Collect proof of your relationship and your share: family tree, death certificates, revenue records, earlier partition deeds.
  • If the person who was left out has died, their legal heirs can step forward, as in this case.

If you are settling a partition suit

  • Before signing a compromise, list everyone who may have a share: sons, daughters, widows, and the heirs of anyone who has died.
  • Make sure each of them is a party to the suit or signs the settlement. A decree that leaves one out can be reopened years later.
  • Tell the court plainly who the heirs are. Hiding a branch of the family can undo the whole settlement.

If you are buying a share in a partitioned property

  • Do not rely only on the compromise decree. Ask for the full suit record and check whether all heirs were parties.
  • Ask for the family tree and check the title chain back to the original owner.

How I approach these cases

These are my working steps for partition and family property matters, not claims about past results. I start with the family tree and the title papers to find everyone who may have a share. I check the court file to see who was a party and who was served. Then I advise on the right step: a suit, an application to join or recall, or a settlement that all the heirs sign. For property work in Delhi, see my page on the best property lawyer in Delhi, my page on partition of property in Delhi, and my page on civil lawyers in Delhi.

Frequently asked questions

What is a compromise decree?

It is a court order that records a settlement between the parties to a suit. The court passes it under Order XXIII Rule 3 of the Code of Civil Procedure once it is satisfied that the compromise is lawful.

Can a daughter claim a share in ancestral property?

Yes. Section 6 of the Hindu Succession Act, 1956, as amended in 2005, gives a daughter the same rights as a son in coparcenary property, as the Supreme Court explained in Vineeta Sharma v. Rakesh Sharma (2020).

What can I do if I was not made a party to a partition suit?

You can apply in that court to be added and to recall any decree passed without you. Geeta Bai says such an application is not barred by Order XXIII Rule 3A. A lawyer should read your papers first, because each case turns on its facts.

Does the decree become void on its own?

The Court called the decree a nullity as against the excluded person, but it still sent the recall applications back to the High Court to be decided. So you should ask the court for a formal order instead of assuming the decree has no effect.

Does this apply only to Hindu families?

The case turned on the Hindu Succession Act. The general idea, that someone entitled to be heard cannot be bound by a decree passed without them, applies more widely, but the rules on shares differ for other laws.

Is there a time limit?

Time limits depend on the kind of application and the facts, so act as soon as you learn of the decree. Delay can be used against you.

Sources

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