prof s c pratihar (medical practitioner &legal studies) 02 July 2013
dear members ,
sorry for belated appearance.one highcourt passed a consent order.in cotempt proceding same order was reversed causing prejudice to plaintiff.can it be the cause of action in subsequent decleratiary suit and plaint is not liable to be rejected in order 7 rule 11 of cpc? thanks dr sc pratihar
Shantilal Pandya ( Advocate) 02 July 2013
A consent order cannot be reversed except through consent , however it can be set aside on the ground of nullity or illegality, order can be attacked basing this ground , the reversal order can also be challanged through indepandent suit depending upon facts and circumstances of each individual case
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