BALWINDER SINGH Vs. KARNAIL SINGH

JUDGEMENT

(1.) THOUGH the learned counsel for the appellant tried to convince me that the decree passed by the trial Court was the result of duress etc. yet this Court is not convinced with the argument. The first appellate Court has rightly stated that the decree by the trial Court was a consent decree and in these circumstances, the appeal was not maintainable. Otherwise also, the remedy available to the present appellant was either to file a regular suit or to file a review application challenging the alleged consent decree, as observed by the High Court in 1993 (Suppl) Civil Court Cases 308 : 1993(1) RRR 622 (P&H) Kishan Chand v. Rajinder Kaur, where in para No. 7 of the judgment was held as under :-