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Aishwary gupta   13 August 2020

Agreement changing the term of Consent decree

if party after passing of a consent decree, form an agreement changing the terms of decree. Will such agreement is valid against such decree?


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 1 Replies

Nirali Nayak   13 June 2021

Hello sir, greetings of the day.
As per your query, the consent decree is not the final and changes can be made before it is presented to the judge. A compromise decree is an ordinary decree defined under section 2(2) of Code of Civil Procedure 1908, which states that it is a settlement or lawful agreement between two parties with the seal of the court super-added to it. Consent decrees are binding on both parties because they agreed to it which means the decree can't be appealed unless there was fault by one party, a mutual mistake, or if the court doesn't give the jurisdiction over the case. Once the consent decree has been signed by everyone, the plan goes into place, often with an independent monitor approved by a federal judge. As it is not the decision of Court, nor does anyone implicates it, so it is not final. The acceptance of Court will make it final and binding.  
Hope this answered your question.
Regards
Nirali Nayak
Law Student


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