Appeal agsinst order

Querist : Anonymous (Querist) 12 December 2009 This query is : Resolved
1. Is it mandatory for both parties to follow the consent order passed by the court?

2. Is it possible to file and appeal against a consent order?

3. If any party goes back on the consent order then in that case the court nullifies this consent order or modifies the consent order taking into consideration the concerns of one or both the parties?

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niranjan (Expert) 12 December 2009
Where it is proved to the satisfaction of the court that lawful agreement has been arrived at by the party and that it is in writing and signed by boththe parties and when the deft.satisfies the court,the consent decree will be passed in the suit.But once the decree is passed,no party can backout from the compromise. However appeal can be preferred against such decree.

Raj Kumar Makkad (Expert) 12 December 2009
rather filing any appeal, the decree passed by way of consent can be challenged before the same court which has passed it praying therein that the consent had been obtained fraudulently, with coercion, threat, undue influence etc. by the other party to the suit and such matter requires convincing evidence to set aside earlier decree.

No appeal lies against such decree as opined erroneously by niranjan.

joyce (Expert) 12 December 2009
I ratify the answer of Raj.

Querist : Anonymous (Querist) 13 December 2009
It was not signed by both the parties and only a verbal agreement was reached on the basis of which judge passed the order

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