(2) In an appeal against a decree passed in a suit after recording a compromise or refusing to record a compromise, it shall be open to the appellant to contest the decree on the ground that the compromise should, or should not, have been recorded.”ģ. (1) Where any order is made under this Code against a party and thereupon any judgment is pronounced against such party and a decree is drawn up, such party may, in an appeal against the decree, contend that such order should not have been made and the judgment should not have been pronounced. Right to challenge non-appealable orders in appeal against decrees. A reference to Order 43 Rule 1-A CPC can profitably be made which reads as under: After hearing the learned counsel for the parties, I am of the considered view that the impugned order passed by the Additional District Judge is unsustainable in the eyes of law because it flows from an erroneous approach, order dated passed by the Civil Judge could always be subject-matter of challenge before the Additional District Judge in appeal filed under Section 96 because such an order can always be attacked by virtue of provision of Order 43 Rule 1-A CPC. It is appropriate to mention that the suit of the plaintiff-petitioner was dismissed on Ģ. According to the learned Additional District Judge, plaintiff-petitioner has placed an order dated passed by the Financial Commissioner Appeals for adducing additional evidence so that it may be shown that order has come into existence after the date of decision of the suit and an attempt has been made to camouflage the whole thing. The basis of the dismissal of the application is that a similar application for bringing on record orders dated, and passed by different revenue authorities was filed before the learned trial Court and the same was dismissed on Having not filed any appeal or revision the order dated has attained finality and was binding. M.M Kumar, J.:- This petition filed under Article 227 of the Constitution prays for quashing order dated (Annexure P-1) passed by the Additional District Judge, Ferozepur dismissing the application of the plaintiff-petitioner under Order 41 Rule 27 of the Code of Civil Procedure.
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