Code, in which he can
now question the validity of the compromise in view of
Rule 1A of Order 43 of the Code ... under Section 151 of the Code, questioning
the legality or validity of the compromise. Reference in
this connection may be made to the cases
alleged compromise that no such
compromise had been entered between the
parties that court has to decide whether the
agreement or compromise in question ... decree,
can question the fact as well as the legal validity of the compromise
before the same court and then the said court is enjoined
compromise and made a decree in terms of it, and
establish that there was no compromise. In that
event, the court which recorded the compromise ... approval of the court. The validity of a
consent decree depends wholly on the validity of
the agreement or compromise on which it is
made
K S Kler vs H S Vedi on 27 March, 2017
Author: S. Muralidhar
Bench
compromise is genuine, then to the court has no option but to accept the
compromise and pass a decree in accordance with the said compromise ... Trial Court was sustainable without going to the question of validity of
the compromise or the validity of the power of attorney based on which
accepting therein the legality and validity of the compromise
decree passed in T.S. No. 49 of 1979, the miscellaneous case cannot
be dismissed ... filed
in T.S. No. 71 of 2007 accepting the validity of the compromise
decree in question, the proceeding of the miscellaneous case for
setting
compromise. In that event, the court
which recorded the compromise will itself
consider and decide the question as to
whether there was a valid compromise ... approval of the court. The
validity of a consent decree depends wholly
on the validity of the agreement or
compromise on which it is made
compromise which was entered on 11.02.2002 was not a
valid compromise for the reason being that his thumb
impression so appearing in the alleged compromise ... compromise which is the basis of the order dated 18.02.2002
was a valid compromise as the order dated 18.02.2002 as
was based on the compromise
compromise
and made a decree in terms of it, and establish that
there was no compromise. In that event, the court which
recorded the compromise ... court. The validity of a
consent decree depends wholly on the validity of the
5
agreement or compromise on which it is made. The
second
parties have
amicably resolved their differences.
Without making any observation regarding validity of
compromise, dismissed as withdrawn.
26.07.2017 (RAJ MOHAN SINGH)
jyoti Y.
JUDGE
