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1990 Supreme(Bom) 434

D.R.DHANUKA
Union Bank of India – Appellant
Versus
Byram Pestonji Gariowala and others – Respondent


JUDGMENT - D.R. DHANUKA, J.:---This Chamber Summons involves certain interesting and important questions of law. The questions involved in this proceedings for considerations of the Court are as under :

(1) Whether the consent decree is a nullity in case the consent terms are not signed by the parties to the suit in person even though the same are signed by their Advocates or Counsel ?

(2) Whether the Chamber Summons is barred by constructive res judicata by reason of omission on the part of the defendant No. 1 to take the plea of alleged nullity in response to the show cause notice issued by the Court under Order XXI, Rule 22 of the Code of Civil Procedure, 1908 and by reason of the said notice having been made absolute by the Court allowing the decree holder to execute the decree prior to taking out of this Chamber Summons?

(3) Whether the filing of an appeal against the impugned consent decree as contemplated under Order XLIII, Rule 1(a)(ii) of the Code of Civil Procedure, 1908 is the only remedy available to defendant No. 1 to challenge the consent decree and the present Chamber Summons is not maintainable in law ?

(4) Whether the Chamber Summons is barred by law of limitation ?

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