Law: Civil Procedure Code (V of 1908)

Section: 151,152,12(2)

Law: Specific Relief Act, 1877

Section: 39,42,54

Civil Procedure Code (V of 1908)--- ----Ss. 151 & 152---Specific Relief Act (I of 1877), Ss.39, 42 & 54---Suit for declaration, permanent injunction and cancellation of gift-deed---Consent and decree---Application for amendment of and decree---Suit was decreed with consent of plaintiff and defendant on terms among others that suit property would be sole and exclusive property of defendant and that defendant would not alienate, transfer and/or encumber said property or create any charge thereon during her life time---Decree was drawn on said terms---Parties through their application had sought deletion of the term that "defendant would not alienate, transfer etc..." of said consent decree and had sought that defendant be allowed to sell suit property---Compromise decree was passed by the Court on agreement of parties whereby parties were at liberty to have it amended or modified by their mutual consent---Sanctity was attached to a decree passed by Court and provisions of C.P.C. provided for the situation where a decree could be sought to be amended or modified or even altogether set aside, for example by review, revision, appeal, on application under S.12(2), C.P.C. or under S.152, C.V.C.---Once it was acknowledged that defendant was a sole and exclusive owner of property, she in law had a right to deal with it in any manner she considered appropriate---Defendant, in doing so, had right to alienate, transfer, encumber or create charge on the property-Clog . under the terns of consent decree, could not justifiably be put on exercising such right by defendant---Bar contained in said clause, of the agreement would either be redundant or not in accordance with law---Provisions of S.151, C.P.C. whereunder application was filed for amendment of decree by deleting the clause therein, were attracted to circumstances of the case whereby inherent power of the Court could justifiably be invoked to meet the ends of justice and to amend or modify consent decree by mutual agreement of parties---Application was allowed, in circumstances. Yousaf Ismail Bhai Abdullahbai Lalji v. Abdullabhai Lalji and others AIR 1932 Bom. 615; Alarakha Hassan and others v. Amir Hussain…

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