- The petitioner himself obtained the decree and he is beneficiary of the same, he is estopped by his own conduct to take inconsistent plea and to challenge the same that it was nullity in the eye of law. Farooq Ahmad v. Munshi Khan & 5 others 2004 SCR 510 (A)
- Section 96(3) — CPC — family suit — decree passed upon the offer made by the defendant and accepted by the plaintiff — It is a consent decree and cannot be challenged in appeal. Basharat Hussain v. Zohra Tabassum 2016 SCR 1397 (C) 2004 SCR 510 & 2011 SCR 1 rel.
- Decree passed on the basis of an oath would be deemed to be a consent decree. Basharat Hussain v. Zohra Tabassum 2016 SCR 1397 (D) NLR 1990 Civil 330 rel.
- Family suit — estopple by conduct — defendant made an offer for decision of the suit on the basis of offer made by him — decree passed in favour of plaintiff — defendant subsequently stopped from challenging the decree as defendant himself made an offer for adopting a particular procedure for decision of the suit, and passing decree against him, he cannot challenge the said decree by way of appeal. Basharat Hussain v. Zohra Tabassum 2016 SCR 1397 (G)
error: Content is protected !!