Supreme Court of India · 2005-02-23
Gangadeep Pratisthan Pvt.Ltd.&Ors vs M/S.Mechano&Ors
- Citation / case number
- AIR 2005 SUPREME COURT 1958
- Court
- Supreme Court of India
- Petitioner
- Gangadeep Pratisthan Pvt.Ltd.&Ors
- Respondent
- M/S.Mechano&Ors
- Bench
- B.P.Singh, Arun Kumar
Judgment text excerpt
The Supreme Court addressed the appeal against the High Court's judgment setting aside a consent decree under Section 96 of the Code of Civil Procedure, 1908. The Court held that consent obtained under duress is vitiated, and thus the High Court's decision to allow the appeal and set aside the decree was justified. The Court affirmed the principle that consent decrees can be challenged if the consent was not freely given, leading to the dismissal of the appellant's challenge.