In Brief
A widow challenged consent decrees in two civil suits claiming she had no notice and they were procured by fraud. She filed appeals from orders in the High Court, arguing she could directly appeal the compromise under Section 96 CPC. The Supreme Court held that a party to a suit who disputes a compromise must first apply to the Trial Court under the proviso to Order XXIII Rule 3 CPC, not file a direct appeal. Only after the Trial Court decides the objection and issues an adverse decree may an appeal lie. The Court affirmed the High Court's judgment dismissing her appeals and observed that only non-parties to a suit may file first appeals challenging compromises.
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