party to a consent decree
to avoid such consent decree, is to approach the court which recorded the
compromise and made a decree in terms ... validity of
the agreement or compromise on which it is made. The second defendant, who
challenged the consent compromise decree was fully aware of this
party to a
consent decree to avoid such consent decree, is to
approach the court which recorded the compromise and
made a decree in terms ... party to a
consent decree based on a compromise to challenge the compromise
decree on the ground that the decree was not lawful
High Court, at her
instance, a compromise was executed between the parties and
accordingly, the compromise decree was passed by the High Court
dated 15th ... party to a consent
decree to avoid such consent decree, is to approach the
court which recorded the compromise and made a decree in
terms
compromise was made part of the record. It is thereafter that the present suit is filed alleging that the compromise decree was vitiated by fraud ... said rule does not include the challenge to a compromise decree on the basis of fraud, undue influence etc. He submitted that the Explanation
directed for preparation of decree on the basis of
compromise petition.
10. In the compromise decree although various
agricultural properties, house properties and shares were ... party to a consent decree based on a compromise to
challenge the compromise decree on the ground that the
decree was not lawful
certain decisions in the context of application to set aside a compromise decree. Before considering the particular cases cited by Counsel for respondent ... mind the distinction between an application for setting aside a compromise decree which is not a unilateral decision and one for withdrawal of an application
filed for setting aside such decree on
the ground that the decree is based on an
invalid and illegal compromise not binding
on the plaintiff ... court and it becomes a decree, or the court
proceeds to pass a decree on merits
rejecting the compromise set up, it becomes
appealable, unless
passed in a suit after recording a compromise or refusing to record a compromise, to challenge the decree on the ground that the compromise should ... give effect to the 'compromise' between the parties and, hence, falls outside the term 'compromise decree'.
18. There is yet another
passing a decree on a compromise in a representative suit, any person who is affected by such compromise decree, but not a party ... suit for partition which ended in a compromise can neither file suit to set aside the compromise decree, having regard to the bar contained
grounds for not taking objection before recording of the compromise and/or passing of compromise decree. A party can, for the first time, challenge ... case. Moreover, the decree is not a consent decree pure and simple. It is a decree passed partly on compromise, partly on consent and partly
