Skip to content


Wajid Ali and anr. Vs. Khurshed Assam and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in36Ind.Cas.239
AppellantWajid Ali and anr.
RespondentKhurshed Assam and ors.
Excerpt:
civil procedure code (act v of 1908), section 151 - consent decree, variation or setting aside of, by court, if legal. - .....the decree was passed he applied for amendment of the decree. the decree, as we have said, was a consent decree and there is no variance between the decree and the solenamah. that being so, the decree cannot be varied or set aside in this suit under section 151, civil procedure code. both the solenamah and the decree refer to schedule kha. the plaintiff said that it was schedule kha of a danpattra; but this was denied by the defendant. the munsif set aside the solenamah decree and restored the original suit. we are, of opinion, that the court had no power to do so; the decree being one passed by consent it could not be set aside in the way it has been done. moreover, neither party asked the court to set aside the decree and restore the suit for trial.2. under the circumstances the.....
Judgment:

1. The plaintiff, who is the petitioner in this Rule, obtained a decree by consent against the defendant. Sometime after the decree was passed he applied for amendment of the decree. The decree, as we have said, was a consent decree and there is no variance between the decree and the solenamah. That being so, the decree cannot be varied or set aside in this suit under Section 151, Civil Procedure Code. Both the solenamah and the decree refer to schedule kha. The plaintiff said that it was schedule kha of a danpattra; but this was denied by the defendant. The Munsif set aside the solenamah decree and restored the original suit. We are, of opinion, that the Court had no power to do so; the decree being one passed by consent it could not be set aside in the way it has been done. Moreover, neither party asked the Court to set aside the decree and restore the suit for trial.

2. Under the circumstances the order complained of is set aside and this Rule is made absolute.

3. We make no order as to costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //