Does an appeal lie against a consent decree? Give reasons in support of your answer and also refer to relevant provisions in this regard.

Question: Does an appeal lie against a consent decree? Give reasons in support of your answer and also refer to relevant provisions in this regard. [WB J.S. 2004]

Find the answer to the mains question only on Legal Bites. [Does an appeal lie against a consent decree? Give reasons in support of your answer and also refer to relevant provisions in this regard.]

Answer

According to Section 96(3) of The Code of Civil Procedure, 1908, no appeal lies against a decree passed by the court with the consent of parties, nor a suit can be instituted to set aside a compromise decree on the ground that such compromise is not lawful, though such order was appealable before the Amendment Act, 1976.(Order 43 Rule 1 (m) deleted).

Rule 1-A(2) of Order 43, however, lays down that in an appeal against a decree passed after recording or refusing to record a compromise, the order recording or refusing to record a compromise can also be questioned. A party challenging the compromise can file an appeal under Section 96(1) of the Code and Section 96(3) shall not bar such an appeal. Banwari Lal v. Chando Devi [(1993) 1 SCC 581].

Likewise, such a decree can be challenged by filing a suit on the ground of fraud, undue influence, or coercion. Thimmappa v. Anantha, [AIR 1986 Kant 1]

A compromise decree is a creature of an agreement and does not stand on a higher footing than the agreement which preceded it. It is, therefore, liable to be set aside on any of the grounds which may invalidate an agreement. Ruby sales v. the State of Maharashtra [(1994) 1SCC 531].

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