• ISSN [ Online ] : 3107-6513

Volume 2 - Issue 5, September - October 2026

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Consent Decrees Under Order XXIII CPC: Validity and Legal Effect


πŸ“‘ Paper Information
πŸ“‘ Paper Title Consent Decrees Under Order XXIII CPC: Validity and Legal Effect
πŸ‘€ Authors Yathart Soni, Rashmi Soni
πŸ“˜ Published Issue Volume 2 Issue 5, September - October
πŸ“… Year of Publication 2026
πŸ†” Unique Identification Number IJAMRED-V2I5P102
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πŸ“ Abstract
Consent decrees provided for by Order XXIII, Rule 3 of the Code of Civil Procedure, 1908 (CPC) are a special combination of contract and civil procedure. The study discusses the legal consequences and validity of consent decrees, focusing on the statute governing consent decrees, the conditions for a valid consent decree, the basis for enforcement, the basis for appeal, and remedies for challenge. Based on a doctrinal analysis and the examination of case-law, the study shows that consent decrees are binding estoppels, and generally cannot be appealed under Section 96(3) CPC, but are subject to judicial review for fraud, coercion, illegality or improper authorization. The bar under Order XXIII Rule 3A CPC is primarily applicable to the parties to the compromise of the compromise and only limited but viable remedies are available for third parties.
πŸ“ How to Cite
Yathart Soni, Rashmi Soni,"Consent Decrees Under Order XXIII CPC: Validity and Legal Effect" International Journal of Advanced Multidisciplinary Research and Educational Development, V2(5): Page(846-852) September - October 2026. ISSN: 3107-6513. www.ijamred.com. Published by Scientific and Academic Research Publishing.