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N. V. ANJARIA, J. C. DOSHI
Late Chhotabhai Nathabhai Patel – Appellant
Versus
Dilipbhai Shantilal Thanki – Respondent
| Table of Content |
|---|
| 1. the judgment outlines the consolidation of related civil applications for leave to appeal. (Para 1 , 2) |
| 2. it summarizes the procedural issues and contention regarding the consent decree. (Para 3 , 4) |
| 3. reviews pertinent legal provisions concerning appeals against consent decrees. (Para 5 , 6) |
| 4. the outcome shows dismissal of both leave applications for appeal. (Para 7) |
JUDGMENT :
(N.V. Anjaria, J.)
Since in both the cases, the facts have common thread and the issue involved is identical, they were heard together to be treated for final disposal by this common order.
2. These two are the applications filed by the applicants seeking leave to appeal. Civil Application No. 506 of 2023 was treated as lead application.
2.1 By filling this application, the applicants who are the original defendant Nos. 1, 2 and 6 to 13 in the Special Civil Suit, have prayed for grant of leave to prefer appeal in their individual capacity to challenge order dated 21.1.2023 below Exh. 1 and compromise decree dated 21.1.2023 passed by learned 17th Additional Senior Civil Judge, Vadodara, in Special Civil Suit No. 11 of 2023.
2.2 The said suit was filed by one Dilipbhai Shantilal Thank-responden
An appeal against a consent decree is barred under Section 96(3) of the CPC; aggrieved parties must contest the decree's validity in the same court that issued it.
A party aggrieved by a compromise decree has a right to challenge the compromise decree by way of an appeal or to approach the same court which passed such decree by way of an appropriate application....
A consent decree obtained through fraud is challengeable by a third party, and such a challenge does not require an independent suit.
An independent suit challenging a consent decree is barred under Order XXIII Rule 3A of the C.P.C. if the allegations of fraud are predominantly about breach/non-compliance of the consent terms/conse....
A consent decree obtained by fraud must be challenged in the court that issued it; separate suits for challenge are not maintainable.
A suit challenging a compromise decree not challenged, but the compromise itself is called into question, would be barred by the provisions of Order XXIII Rule 3A of CPC. Additionally, a third party,....
(1) No suit shall lie to set aside a decree on the ground that compromise on which decree is based was not lawful.(2) Mere clever drafting would not permit plaintiff to make suit maintainable which o....
A consent decree obtained through fraud is void, and courts must investigate claims of fraud before accepting the decree as valid.
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