DALJIT KAUR AND ANR. versus MUKTAR STEELS PVT. LTD.

DALJIT KAUR AND ANR. versus MUKTAR STEELS PVT. LTD.

When a decree is passed without dispute to the compromise, it is a consent decree and appeal is barred by Section 96(3), CPC. If a dispute to the compromise arises and is duly enquired into, decree is not a consent decree and appeal may be maintainable. In the present case, the decree was held to be a consent decree, appeal was therefore barred.

Parties
Appellant: Daljit Kaur; Respondent: Muktar Steels Pvt. Ltd.
Jurisdiction
India
Judgment Date
19 November 2013
Procedural Posture
Civil Appeal / Appeal Dismissed by Supreme Court
Outcome
Appeal dismissed
Legal Topics
Consent Decree, Appealability, Compromise Decree
Civil Procedure Consent Decree Appealability Compromise Decree

Case Brief

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Parties

Daljit Kaur

Appellant

Muktar Steels Pvt. Ltd.

Respondent

Procedural Posture

Civil Appeal / Appeal Dismissed by Supreme Court

Legal Issues

  1. 1 Whether appeal against a consent/compromise decree is maintainable under Section 96(3) CPC and Order XLIII Rule 1A
  2. 2 Whether the appeal can be preferred against the judgment and decree passed by the learned trial Judge

Ratio Decidendi

When a decree is passed without dispute to the compromise, it is a consent decree and appeal is barred by Section 96(3), CPC. If a dispute to the compromise arises and is duly enquired into, decree is not a consent decree and appeal may be maintainable. In the present case, the decree was held to be a consent decree, appeal was therefore barred.

Court Disposition

Appeal dismissed

Orders

  • Appeal stands dismissed without any order as to costs.