Wednesday, 5 August 2015

Consent Decree is never Appealable

There is no appeal to a consent decree. It is perhaps the most common kind of decree which has no appeal. As a general rule all the decrees are appealable while all the orders are revisionable unless specifically mentioned in the law.

A consent decree is the one in which parties to the suit comes to a settlement. They either present a settlement deed or they give statement in the court of law. On the bases of provisions of settlement between the parties, the court decrees the suit.

In a consent decree the judge cannot complete the trial. When parties agree to end the suit through settlement at any stage, the court is bound to decree the same. Parties giving consent to the provisions of settlement cannot disagree at later stages.

Since everything decided between the parties is settled according to their own free consent, they cannot appeal the decision of court afterwards.

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