Plaintiff and Defendant compromise their dispute and a compromise decree is passed. Is the decree appealable?
Gopal Krishna Behera (Advocate Orissa High Court Cuttack.) 02 June 2009
Plaintiff and Defendant compromise their dispute and a compromise decree is passed. Is the decree appealable?
G. ARAVINTHAN (Legal Consultant / Solicitor) 02 June 2009
Compromised decree based on the endorsement by the plaintiff as well as the defendant is not an appealable one.
But any third person, aggrieved by the decree can file appeal by leave.
Prakash Yedhula (Lawyer) 02 June 2009
Order Order 43 Rule 1 A it is possible.
[1A. Right to challenge non-appealable orders in appeal against decree-
(1) Where any order is made under this Code against a party and thereupon any judgment is pronounced against such party and a decree is drawn up, such party may, in an appeal against the decree, contend that such order should not have been made and the judgment should not have been pronounced.
(2) In an appeal against a decree passed in a suit after recording a compromise or refusing to record a compromise, it shall be open to the appellant to contest the decree on the ground that the compromise should, or should not, have been recorded.]
1. Ins. by Act No. 104 of 1976 (w.e.f. 1-2-1977).
Y V Vishweshwar Rao (Advocate ) 31 July 2009
Yes - Orders 43 Rule 1- A- C P C - it is useful in non appealable cases !