A consent decree passed by the court with the consent of the parties is valid and binding on the parties and no appeal lies therefrom.

1. This appeal is directed against the judgment and decree of Addl. District Judge, Jammu, dated February 7, 1981, decreeing the suit of plaintiff-respondent for a sum of Rs 8, 661.98 p recoverable from, the defendants-appellants.

2. The plaintiffs suit was that the defendants purchased cloth from their shop on various occassions and after deducting the payments made by the defendants an amount of Rs. 12,500/-remained due against them which was not paid despite several demands made for it. The defendants denied the claim of the plaintiff as, according to them, they made excess payment of Rs. 2, 104.95 p. They further averred that an amount of Rs 500/-was also paid to the plaintiffs on 15-11-1975 prior to the institution of the suit and another amount of Rs. 500/- through bank draft after the institution of the suit and they claimed themselves to be entitled to recovery of Rs, 3, 104.95 bank from the plaintiff. The defendants thus made a counter claim and affixed court fees in regard to the above said amount.

3. On the pleadings of the parties the trial court framed four issues in the case Both the parties led evidence in the case and learned Addl. District Judge, Jammu decreed the suit of the plaintiffs to the extent of Rs. 8, 661,98 p. On the basis of agreement between the parties.

4 I have heard learned counsel for the parties. The preliminary point raised by the learned counsel for the respondent in this case is that the present appeal is not maintainable because of bar contained in Sec 963 C. P. C. as the present appeal arises from a decree passed by the court with consent of the parties. In support of his contention he had relied upon authorities reported as AIR 1969 Gujrat 301 and AIR 1970 Punj & Haryana 176 The learned counsel for the appellant has, however, contended that no consent was given by the appellants and the judgment of the trial court mentioning such consent cannot be sustained as it is silent about the reasons which led the Judge to pass such order and it is not a judgment in the eye of law. He has, in support of his arguments, relied upon the authorities reported as AIR 1939 Pat. 69, AIR 1952 Travn- Cochin 560 and AIR 1959 All. 505.

5 In case Isaq Usman & ors Vs. Vali Mohd Isaq, AIR 1968 Gujrat (supra) it has been held that no appeal against any decree passed on the basis of the consent of the parties is competent and there need not also be any written terms of agreement terms of agreement between the parties placed before the Court and it is enough if the judgment discloses that the decree or order that came to be passed in that case was on the basis of consent of the parties In another case Kewal Krishan Vs Shiv Kumar & ors AIR 1979 Punj. & Har (supra) it has been held that in order to set aside a consent decree on the ground that the consent was obtained by coercion, the proper remedy is to file a separate suit and not an appeal. In AIR 1938 Patna 69, their Lordships have remarked that it is not sufficient judgment within the Code of Civil Procedure to state that the is in agreement with the finding of the court below and he is bound to express his reasons for the findings at which he arrives. Same view has been taken in AIR 1959 All, (supra) and AIR 1952 Travn. Cochin ;supra).

6. The learned Addl. District Judge in para 16 of his judgment has observed as under:

"Issue No- 2 and 3: The learned counsel for the parties have examined the accounts in the light of the statements of Krishan Lal plaintiff and Sobha Ram defendant and have arrived at. an agreed conclusion that a total amount of Rs. 9161.41 principal plus interest remains due from the defendants to the plaintiffs at the time of the institution of suit end they agree that Rs. 500/- paid subsequently needs to be adjusted. After this adjustment, an amount of Rs. 8, 661, 98 remains as payable by the defendants to the plaintiffs. I have satisfied myself also and find that the calculations and adjustments made by the learned counsel for the parties is

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