indicates that when consent is obtained by coercion,
undue influence, fraud, misrepresentation or mistake,
such consent is not free consent and the contract becomes
voidable ... party to a consent decree based on a compromise to
challenge the compromise decree on the ground that the
decree was not lawful
Court has
committed an error in quashing and setting aside the consent
decree and also in quashing and setting aside the orders dated ... such consent decree is not a
decree in the eye of law and therefore the High Court has rightly set
aside the consent decree
above crossÂappeals
12. The High Court passed a consent decree, directing that the
Petitioner shall pay to the Respondent, by way of mesne profits ... Respondent.
7
13. Aggrieved that the terms of the consent decree were recorded
incorrectly in the aforesaid order, the Petitioner filed Review Petition
Suit No. 1335 / 1988 was partly decreed as per
the Consent Terms (First Consent Decree). It was however observed that
the Suit would continue with ... Suit No. 1335 / 1998 was decreed
as per the Consent Terms (Second Consent Decree). On an objection
being raised by the appellants, the High Court
court.
It is alleged that they all acted collusively. The first consent
decree dated 15.03.2016 and the second consent decree dated
17.12.2016 are grossly fraudulent ... Suit (Special
Civil Suit No.6 of 2016): The first impugned consent decree :
29. On 21st January 2016, the plaint of the Special Civil Suit
present suit. Hence the decree
dated 18.11.2013 against defendant no. 8 is ex-parte decree which
also incorporates part of consent decree between the parties ... IMPUGNED JUDGMENT AND
DECREE DATED 18TH NOVEMBER, 2013 IS AN EX-PARTE DECREE
AGAINST THE APPELLANT, FOR WHICH NO CONSENT OF THE
APPELLANT WAS REQUIRED
AOSt-92414-20
(b) It be declared that Consent Terms Exh.122 filed in
AND Consent Decree dated 18.07.2011 passed in RCS
No.1262 ... highest are
predominantly about breach/non-compliance of the consent
terms/consent decree. It is trite that there is a clear distinction
between a case
party to a consent decree based on a compromise to
challenge the compromise decree on the ground that the
decree was not lawful ... parties to the consent decree based on the compromise
intends to challenge the decree on the ground that decree was
not lawful i.e. void
party to a consent decree based on a compromise to
challenge the compromise decree on the ground that the
decree was not lawful ... parties to the consent decree based on the compromise
intends to challenge the decree on the ground that decree was
not lawful i.e. void
appeal is maintainable against a consent
decree having regard to the specific bar contained
in section 96(3) CPC.
(ii) No appeal is maintainable against ... view of the bar
contained in Rule 3A.
(iv) A consent decree operates as an estoppel and
is valid and binding unless
