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Siddhi Agarwal (Owner)     04 May 2011

Can a decree or order under consent terms be challanged?

A decree and a order under consent terms was passed in the city civil court in 2009 and the same has not been challanged by the defendants till now. Pl. advice if it can be challanged now and under what grounds as petitioner need to file an execution petition in regard to the decree?



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 4 Replies

Tajobsindia (Senior Partner )     04 May 2011

@ Author

1.
Under FRAUD it can even be challenged upto 100 years ! Even Hon'ble SC says so.


2. Under "change of circumstances" it can be challenged if it was passed on basis of legislative wisdom of it being a 'welfare statute" and or if it was passed under "criminal maint. Family laws".


3. It can also be challenged if it was a Lok Adalat (regular or permanent both) consent terms of settlement as either nature Lok Adalat Orders can be challenged afterwards. Even Hon'ble SC has done it.


BTW, which order / decree your que. is all about !


(Guest)

@tajobsindia

Under FRAUD it can even be challenged upto 100 years ! Even Hon'ble SC says so.

Where it was said?under limitation act?:(

Is it was said under acts or sc said, please give me...

 

@author

what grounds as petitioner need to file an execution petition in regard to the decree?

First tell me what order you are telling about?

Tajobsindia (Senior Partner )     04 May 2011

 

Originally posted by :Kushan Vyas
"
@tajobsindia

Under FRAUD it can even be challenged upto 100 years ! Even Hon'ble SC says so.

Where it was said?under limitation act?

Is it was said under acts or sc said, please give me...
"

@ Ld. Kushan,

1.
Sure

2. I need one Ipod from U just for that send it first with your address. :)
Plea:
Then I will send 3 mint fresh Adobe PDF file underlined straight from Hon'ble SC.

3. For para 2 you know I rarely joke in legal forums ......so

Siddhi Agarwal (Owner)     05 May 2011

Thanks for your responses.

The order / decree was passed by City Civil Court in 2009 under Consent Terms filed by the parties to the matter and it has not been challangted since then and execution petition is required to be filed for the same by the petitioner.


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