Appellants not party to consent – Consent orders would consequently not have a binding effect on the Appellants -- Their rights could be examined independently in the substantive suit filed at their instance.

(SC) Decided on: 01.03.2021

Maintainability of Appeal -- Order XLIII Rule 1A CPC provides that in an appeal against the decree passed in a suit for 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 -- Appeal before the High Court against the judgment and decree was maintainable.

(SC) Decided on: 12.02.2021