Malani v. Somapala and Another – sllr 2000 volume 2 page 196

Brief

In Malani v. Somapala, the court addressed whether an application for revision or restitution in integrum is the proper remedy for challenging a settlement decree alleged to be tainted by bias or procedural impropriety. It was held that a party seeking to contradict a court record must comply with established procedures by submitting the necessary materials before the original court, and that new, self-serving affidavits introduced for the first time on appeal are inadmissible. The holding reaffirms that settlements must be recorded with appropriate safeguards and that established remedies under the Civil Procedure Code, specifically Sections 408 and 753, govern such challenges. Earlier precedents were relied upon to underscore the principle that established processes must be follow