STATE OF M P Vs. S KHURSEED ALI

JUDGEMENT

(1.) This first appeal under Section 96 of the Code of Civil Procedure has been filed calling in question the decree passed on the basis of compromise recorded in the proceedings held under Order 23 by 5th Additional District Judge, Bhopal in Regular Civil Suit No.153 -A/ 09.

(2.) A preliminary objection is raised by Shri Kochar, learned counsel for the respondent to say that the appeal under Section 96 is not maintainable in view of the bar created under section 96(3) and in support of his contention, he invites our attention to the judgment of the Supreme Court in the case of Pushpa Devi Bhagat Vs. Rajinder Singh and others, 2006 5 SCC 566.

(3.) Shri Sankalp Kochar, learned counsel for the respondent invites our attention to the provisions of sub section 3 of Section 96 to say that against the compromise decree no appeal is maintainable.