Correct option is C
The provision stating that "no appeal shall lie from a decree passed by the court with the consent of the parties" is found in
Section 96(3) of the Code of Civil Procedure (CPC), 1908. This section emphasizes that when a decree is passed based on the mutual consent of the parties involved in the case, such a decree is final and binding, and no appeal can be made against it. The rationale behind this provision is that when parties agree to a certain decree, they forfeit the right to contest it through an appeal.
Information Booster Section 96 of the CPC deals with the right to appeal from original decrees. It outlines the circumstances under which an appeal can be made and the limitations on such appeals. Section 96(3) specifically serves as a limitation on the right to appeal by barring any appeal from a decree that is passed with the consent of the parties. This provision promotes the finality of settlements reached through mutual agreement, reducing the burden on the judiciary and encouraging the resolution of disputes without prolonged litigation.
Additional Knowledge Let’s explore the other subsections of Section 96 CPC to understand their relevance:
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Section 96(1) CPC (Option d): This subsection grants a general right of appeal against decrees passed by any court exercising original jurisdiction, unless otherwise expressly provided in the CPC or any other law. It is the foundational clause establishing the right to appeal in civil cases.
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Section 96(2) CPC (Option b): This subsection provides that an appeal may lie from an original decree passed ex parte. An ex parte decree is one where the court has proceeded in the absence of one of the parties due to their failure to appear.
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Section 96(4) CPC (Option a): This subsection deals with the cases of "small causes," stating that no appeal shall lie from a decree passed in a suit of the nature cognizable by Courts of Small Causes, where the amount or value of the subject matter does not exceed a specified amount.
