Appeal against consent decree


Whether Sec.96(3) and Order 43 Rule 1A(2) are contradictory ? Which one will prevail? Plz guide.

 
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Saha ji , there is no appeal against the compromise decree , which is barred under section 96(3) CPC and uu can file appeal under order 43 rule 1A(2) , on ground that compromise was not lawful mean to say compromise decree is appealable where the validity of the compromise is disputed , u may see 2000  All L J 337

 

Navjot Kumar 

Adv. 

 
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Legal Consultant

yes there is no contradiction there... treat Order43 rule 1A(2) as proviso to section 96(3), the meaning will be more clear...

 
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so basically both of u r saying that an appeal can be prefferd against a consent decree on the ground of fraud etc. & otherwise not. can u cite any authority on this topic so that I can have the position more clear?

 
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