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Thursday, 6 October 2011

Challenge to Consent Decree

Consent decree is effective in the same manner as decree after contest -- Consent decree does not stand on different footing than the decree rendered after contest -- Plaintiffs would not get any right to challenge it in absence of fraud. Sher Singh and another v. Siri Kishan and others, 2011(1) L.A.R. 443 (P&H).
Merely because defendants were blind, could not lead to a conclusion that the decree was outcome of fraud, once, it was proved that they had signed the written statement and also suffered statement in the Court. Sher Singh and another v. Siri Kishan and others, 2011(1) L.A.R. 443 (P&H).

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