SUDHANGSU DEY Vs. ASHIS DAS

JUDGEMENT

(1.) The point, which initially looks simpliciter becomes complex because of the rival stand taken by the counsels relying the judgments of the different High Courts and the Supreme Court. The point so agitated becomes complex and needs deliberation in the instant Revisional Application upon scanning the different judgments relied upon by the respective counsels.

(2.) The legal point which germane in this Revisional Application is what would be the remedy of a person against the compromise decree passed by the Trial Court. The complexity is seen from the different provisions contained in the Civil Procedure Code. Sec. 96(3) of the Code of Civil Procedure expressly bars the remedy by way of an appeal against the decree based on consent of parties.

(3.) Order 23, Rule 3A of the Code does not allow any challenge to a compromise decree by way of separate suit. On the other hand, Order 43, Rule 1A of the Code provides the remedy by way of an appeal against the decree that the Order recording the compromise or refusing to record the compromise is not lawful.