Code of Civil Procedure, 1908–Sec. 151 or Order 43, Rule 1–Order passed in suit proceedings on the ground of compromise–Defendant resiled from abiding the compromise–Restoration of suit proceedings by way of allowing the application u/s. 151–Plea of petitioner-defendant that the suit could have been restored by moving an appropriate appeal under Order 43, Rule 1–Whether acceptable ?–Held, no–When both the parties have not adhered to the compromise decree, if one of the parties has applied for restoration of suit, this procedure can be adopted–Appeal against the compromise decree can be normally be filed, if one of the parties have obtained such decree illegally or fraudulently.
