Code of Civil Procedure, 1908: Or. XXIII r.3A – Challenge to
Compromise Decree by instituting a separate suit – Maintainability
of – Held: Or.XXIII r.3A states that no suit shall lie to set aside a
decree on the ground that the compromise on which the decree is
based was not lawful – A party challenging a consent decree based
on compromise has to approach the same court, which recorded the
compromise and institution of a separate suit challenging the consent
decree is not maintainable – Submission of plaintiff that in the suit
he has not specifically prayed for setting aside the Compromise
decree rather prayed to declare that the Compromise Decree is not
binding on him is not acceptable – A mere clever drafting would
not permit the plaintiff to make the suit maintainable which otherwise
is barred by law – Decree – Compromise decree.