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Katikara Chintamani Dora & Ors vs Guntreddi Annamnaidu & Ors on 11 December, 1973

4. In contrast, the appeal under S. 96 of the Civil P.C. is on a different footing, for sub-section (3) thereof debars an appeal from a decree passed by the Court with the consent of the parties. The bar to an appeal against consent decree is based on the broad principle of estoppel. It presupposes that the parties to an action can, expressly or by implication, waive or forgo their right of appeal, by any lawful agreement or compromise or even by conduct. See in this connection K. C. Dora v. Guntreddi Annamanaidu, (1974) 1 SCC 567. Here the Court plays no role of justicing. The parties do justice to themselves by consent and the Court puts a seal thereon as if the decision is of its own. It is for this reason that the Legislature in its wisdom considered it advisable not to provide a re-hearing of the matter, for else appeal is in our processual law nothing but that.
Supreme Court of India Cites 24 - Cited by 94 - R S Sarkaria - Full Document
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