Machine-translated by Google. Questions are authored in English.
Top

Discussion

Against a decree passed in a suit after recording a compromise, an appeal on the ground that the compromise should not have been recorded, can be filed under:-

  • A.Section 151 CPC.
  • B.Order XXIII CPC.
  • C.Order XLIII Rule 1-A CPC.
  • D.None of the above.

Answer: C

The appeal lies under Order XLIII Rule 1-A CPC.

Order XLIII Rule 1-A(2) provides that in an appeal against a decree passed in a suit after recording a compromise, it is open to the appellant to contest the decree on the ground that the compromise should, or should not, have been recorded. Since the 1976 amendment removed the separate appeal against an order recording a compromise, this is the route.

Section 151 saves the inherent powers of the court and is not an appeal provision. Order XXIII Rule 3A in fact bars a separate suit to set aside a compromise decree, so the challenge must go through the appeal (or an application to the court that recorded it).

No comment is present. Be the first to comment.
Loading…

Post your comment

Please log in or register to post a comment.