Legal Question in Civil Rights Law in India

decree obtained in civil suit by consent

is decree obtained in civil case binding on both the parties?

applicant filed the case against landlord in civil court and then filed consent terms and obtained the decree.

now same applicant had moved an application before the mamlatdar to declare himself a tenant of the remaining property.

what are the chances of winning applicant.


Asked on 8/28/07, 1:35 pm

3 Answers from Attorneys

Re: decree obtained in civil suit by consent

Consent Decree is binding on parties to suit.If remaining portion were not the part of suit or consent decree then the consent decree can not be applicable in respect of rest of the portion of the property. However,consent decree can be help full.In case of need you may contact with details.Preofessional charges are applicable.

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Answered on 8/28/07, 2:57 pm
Nandita Haldipur Haldipur Associates

Re: decree obtained in civil suit by consent

a decree is binding on both parties.Further a consent decree cannot be challenged. if the remaining poriton is not part of earlier decree still the consent decree will be helpful

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Answered on 9/01/07, 7:18 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: decree obtained in civil suit by consent

well in this case consent decree can be useful as its binding on both of the parties.

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Answered on 8/29/07, 2:07 am


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