compromise decree. For example, title is created in plaintiffs favour under a compromise decree which before the elate of compromise decree vested in defendant ... decree-holder for the first time under the decree, whether with consideration or without consideration.
21. The deck having been cleared that a compromise decree
consent is signed by only some and not all of them. But if one or more defendants give consent, then decree can be passed against ... will not alter the nature of the decree. The decree is passed only against the consenting defendant and the names of other defendants have been
suit brought by him on 22-10-1979, obtained a consent decree on 27-10-1979, i.e. only five days thereafter, from the court ... appellant decree-holder did not seek to execute the decree against them in their individual capacity: fourthly, that the appeal against the aforesaid decree filed
settlement, he became owner in
possession of the suit land and consent decree dated 10.05.1995
was suffered voluntarily by the plaintiffs and is not result ... proof of family settlement on the basis of which
impugned consent decree dated 10.05.1995 was passed. It was also
contended that the said decree
consent decree dated 29.10.1992 is null
and void. Defendants no.1 and 2 got the said decree fraudulently without
consent and knowledge of Fatta ... leading to the consent decree were
incorrect. Court in subsequent suit cannot go behind the earlier decree
(because that decree settles rights of parties
Sumer Chand and there was family settlement between them. Pursuant
thereto consent decree dated 28.3.1985 was passed by Senior Sub Judge,
Karnal declaring Mange ... that the consent decree required registration; that the decree is
bogus and Sumer Chand never appeared in the court and the decree was
obtained
dispute in the family started, when
Dasa Singh suffered a consent decree dated 8.12.1989 in favour of one of his son,
namely Gian Singh regarding ... kanals 11 marlas, comprising specific, khasra numbers.
The suffering of this consent decree led to filing of aforesaid two suits by the remaining
three brothers
though it was supposedly buried in the coffin of a consent term and consent decree given by the Court on 8th December, 1995. Even thereafter ... mentioned in the form of immovable property mentioned in the consent terms or consent decree has to be included under the caption the subject matter
decree may be attacked, holds its force and binds all
concerned.'
Therefore, a decree obtained after contest is as good a
decree as consented ... consent decree dated 1.5.1982 on the ground of
non-registration being a party to that decree itself. He could
challenge that decree only
fact, recorded, by both the Courts below holding that the consent decree dated 18-1-1995 (Annexure P-15) suffered by the plaintiff appellant ... question raised in the appeal is whether the consent decree suffered by the plaintiff-appellant recognised pre-existing rights or it extinguished or created