Civil Procedure Code (CPC)

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Adv. Subhadeep Saha (Lawyer.)     13 May 2011

Appeal against consent decree

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



 3 Replies

Navjot Kumar (Lawyer)     13 May 2011

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. 

Vikas Nagwan (Legal Consultant)     14 May 2011

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

Adv. Subhadeep Saha (Lawyer.)     14 May 2011

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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