SMT. SOVA RAY & ANR. vs GOSTHA GOPAL DEY & ORS.

The Supreme Court held that an order based on the consent of parties cannot be modified by the court at the instance of one party without the consent of the other. The court found no merit in the argument that the default clause in the compromise agreement was penal and illegal. The appeal was allowed, confirming the trial court's decree for partition, as the terms of the compromise were deemed valid and enforceable under the circumstances presented.