next contended that the consent decree
was as good as a contested decree and would be binding on the
parties to the suit until ... Court:-
1. Whether a consent decree is as good as a contested
decree and binding between the parties thereto until
and unless the same
obvious that the right of treating the decree as a decree of domestic Court which the decree-holder now puts forward is a right given ... decree of an Indian Court subsequent to those amendments. The fact that a decree may have been obtained ex parte or after contest does
decree holder. Since the decree holder filed the aforesaid
application, Gurdev Singh one of the brother of Sarwan Singh
(decree holder) filed objection petition ... land in question with which judgment
debtor had no concern. The decree holder contested the objection
petition filed by Gurdev Singh which was ultimately dismissed
well settled law, that the consent decree is effective in
the same manner as decree after contest. The consent decree does not stand
on different ... footing than the decree rendered after contest. Reliance in
support can be placed on the judgments of this Court in Ajit Singh Vs. Chet
Singh
costs."
Thus, the impugned judgment is not a compromise decree
but a consent decree to which provisions of Order 12 Rule ... understood that
there could be various types of decrees, namely, contest decree, an
ex parte decree, a decree based on a written compromise between
well settled that a consent decree is as good as a decree
obtained after contest and binds all concerned unless and until the same ... which alone a
decree may be attacked, holds its force and binds all
concerned.'
Therefore, a decree obtained after contest is as good
contend that the consent decree is as good as contested
decree and, therefore, the learned lower appellate Court committed an
error in holding that
dated 6.9.1991. The suit was instituted in August, 1992 while collusive decree without contest was suffered by Kishna in favour of other defendants in December ... pass a decree in terms of the compromise. Once the decree is passed, it attained finality inter se the parties. Such a decree cannot
opinion, as much to a consent decree as to a decree passed in a contested action. This is in contradistinction to the provisions or principles ... determined by the former decree. The question whether the former decree was a consent decree or one obtained after contest did not arise in Darshan
settlement on the basis of which the aforesaid consent decree was passed; the said decree was passed merely on the basis of admitted written statement ... said that such kind of decree is not binding. The consent decree is as valid as the contested decree. The same can be avoided only
