Report No. 144
These two decisions have created a curious situation. In practice, a conflict is likely to arise on the question whether an order under rule 3 of Order 23, recording or refusing to record an agreement, compromise or satisfaction is appeasable. Notwithstanding the provisions of Order 43, rule 1A, the lower courts in Andhra Pradesh will find the situation embarrassing. Apart from that, the Madhya Pradesh judgment shows that considerable confusion (though unnecessary) is created by failure of the courts to read section 96 with Order 43, rule 1A. In our view, the position should be clarified by an amendment.
4.2.11. We suggest that it would be desirable to add, under section 96(3), a proviso, as under:-
"Provided that nothing in this sub-section shall affect any right, in any appeal against a decree passed in a suit, to contest the decree on the ground that the compromise should, or should not, have been recorded."