Civil Procedure Code (CPC)

Can consensual decree be challenged 2 yrs after thejudgement

This query is : Resolved 

26 January 2010

Dear Experts,
I have a followup question on the same matter as mentioned in my earlier query.

The order(decree) we have is a consensual order in which the opposite party has agreed for the terms of the order.
It has been two since the decree has been passed and now it is in execution court.
As per the decree he has to either refund or register the property.
He cannot register the property due to non alienation order given by high court of karnataka neither he wants to refund the money.

Wanted to know what are the options JDR have now to fight against the decree?

Can he appeal in any other court?


Parveen Kr. Aggarwal (Expert)
26 January 2010

As per section 96(3) of the Code of Civil Procedure, 1908, "No appeal shall lie from a decree passed by the Court with the consent of parties".
So appeal cannot be filed against a consensual order(decree).

Raj Kumar MakkadOnline (Expert)
26 January 2010

Your execution petition is already sub-judice so desired results shall come there from and no separate proceeding is either maintainable nor desired.

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