Civil Procedure Code, 1908 S.96(3), O.43 R.1-A & O.23 R(2)--Consent Decree--Whether appealable--Held; (i) When one of the parties sets up a compromise and the other disputes it and the court is forced to adjudicate on whether there was a compromise or not and to pass a decree, it could not be understood as a decree passed by the court with the consent of the parties, therefore is appealable; (ii) When a decree is passed without any dispute being raised or contested in the court of first instance, the decree being passed on consent cannot be appealed against. Daljit Kaur & Anr. v. Muktar Steels Pvt. Ltd. & Ors. : 2014(2) Law Herald (P&H) 1172 (SC)
Posted on: Thu, 30 Oct 2014 11:26:50 +0000
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