Site navigation

'L' sues 'T' for the decree of possession of suit property and mesne profits. 'T' fails to file its…

No appeal lies under Section 96 against this consent decree. Section 96(3) expressly bars an appeal from a decree passed with the parties' consent, and the parties agreed to…

Choose your answer

'L' sues 'T' for the decree of possession of suit property and mesne profits. 'T' fails to file its written statement. The possession is handed over during pendency of the suit. The prayer for damages is decreed with the consent of the parties to be paid at Rs. 15,00,000 in four instalments. T is unable to pay the said damages, and therefore T challenges the said decree on the ground that the said amount has been decreed by the civil court without any evidence being led by the plaintiff. Against the said decree -

Select one answer
Answer and explanation

Correct answer B

No appeal lies under Section 96 against this consent decree. Section 96(3) expressly bars an appeal from a decree passed with the parties' consent, and the parties agreed to the damages amount and instalments. T's later inability to pay does not turn that agreed decree into a contested decree requiring the plaintiff to have proved the amount by evidence.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic