Consent Decree under order 23 civil procedure code and its caselaws.pptx

how consent decree works

1. COMPROMISE DECREE GENERAL RULE AND EXCEPTIONS

2. DECREE DEFINED IN SECTION 2 (2) CPC "DECREE" means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties which regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint. OR Formal expression of an adjudication, by which rights of parties are conclusively determined. It includes rejection of plaint under Order 7 Rule 11 CPC.

3. RELEVANT PROVISIONS Sec-96(3) CPC Order 32 R. 7 CPC Order 23 R. 3 CPC High Court Rules and Orders Volume-I, Chapter-14, Part-A, Sub-rule 6 High Court Rules and Orders Volume-I, Chapter-1, Part-L(c) High Court Rules and Orders Volume-I, Chapter-11, Part-B(5)

4. APPEAL DEFINED It is an application filed before a higher tribunal/Court for judicial examination of decision of a lower tribunal/court. CONSENT DECREE Consent decree is one that is passed by a Court with the compromise/agreement of the parties to the that suit.

5. GENERAL RULE OF THE LAW That every decree passed by a competent Court is amenable to an appeal. OR Every decree passed by a competent Court may be challenged through an appeal.

6. EXCEPTION TO THIS RULE IS That consent decree passed under Order XXIII R. 3 CPC cannot be challenged in appeal under section 96 (3) CPC Section 96 (3) CPC No appeal shall lie from a decree passed by the Court with the Consent of the parties.

7. CONSENT DECREE Order 23 Rule.3 CPC. Compromise of suit. Where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject­ matter of the suit, the Court shall order such agreement, compromise or satisfaction to be recorded, and shall pass a decree in accordance therewith so far as it relates to the suit.

8. PROCEDURE OF CONSENT DECREE IS PROVIDED IN PROVISO TO ORDER XXIII R. 3 CPC When parties to the suit shall compromise Suit shall be either adjusted that may be whole or any part of the subject matter. Satisfaction of the court is necessary Lawful agreement of parties Defendant satisfies plaintiff Recording of agreement where no agreement has already been written by parties Court shall pass decree on the basis of such compromise

9. ORDER XXIII R. 3 COMPRISES OF TWO PARTS (NATURE OF CONSENT DECREE PASSED UNDER EITHER PART) First part pertaining to adjustment of suit, in whole or in part — Second part pertaining to satisfaction of suit, in whole or in part — Where matter falls under first part, there is a promise or promises agreed to be performed or executed and there is a subsisting obligation that can enforced by levying execution. Whereas, where matter falls under second part SATISFACTION , what is reported is a completed action or settlement out of court putting an end to the dispute, and resultant decree recording the satisfaction is not capable of being enforced by levying execution. There must be an adjustment wholly or in part Agreement or compromise should be lawful Such agreement or compromise should be to the satisfaction of the court Such agreement should be recorded by the court Decree shall be passed in accordance with the terms of such agreement but so far it relates to the suit.

10. ONCE CONSENT DECREE IS PASSED, HOW CAN IT BE CHALLENGED Since Under SEC. 96 (3) CPC No appeal shall lie from a decree passed by the Court With the consent of parties . Therefore, the remedies as against such compromise decree would be; An Application under Sec. 12 (2) CPC Where decree is not in accordance with terms of agreement appeal revision or application under sec 151 CPC may be filed. Consent decree may be set aside by a separate suit In appropriate case review under sec 114 CPC also lies.

11. INSTANCES WHERE FILING APPEAL AGAINST CONSENT DECREE IS NOT BARRED A person not party to compromise Decree passed against consent of parties Where court did not have jurisdiction Where there is dispute regarding nature of compromise Where there is no compromise Where decree is against terms and conditions of Order XXIII R. 3 CPC

12. DIFFERENCE BETWEEN CONSENT DECREE AND DECREE ON ADMISSISON Order 23 R. 3 and Order 12 R.6 CPC are purely different to each other.

13. CONSENT DECREE IS PASSED DURING PENDENCY OF SUIT AND NOT DURING EXECUTION PROCEEDINGS Order 23 R. 3 is altogether different from Section 47 AND Order 21. R.1&2 CPC

14. CONSENT DECREE MAY ALSO BE PASSED DURING APPEAL

15. COMPROMISE ON BEHALF OF MINOR UNDER ORDER 32 RULE 7 CPC

16. COMPROMISE CREATES ESTOPPEL

17. PARTIES CAN COMPROMISE AT ANY STAGE OF THE SUIT Even in Appeal or Revision And in Writ Petitions too

18. APPEAL LIES AGAINST AN ORDER TO RECORD OR REFUSING TO RECORD A COMPROMISE 2001 MLD 974

19. EXECUTION APPLICATION MAY BE COMPROMISED UNDER SECTION 47 OR ORDER 21 R. 1 & 2 CPC

20. CONSENT DECREE IS EXECUTABLE LIKE ANY OTHER DECREE 2014 MLD 1284 ----2012 CLC 1088

21. IF PARTIES ARE NOT AT ISSUE ON THE FIRST DATE OF HEARING, THE COURT MAY PRONOUNCE JUDGMENT UNDER ORDER 15 R. 1 CPC

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