It is clear that no decree can be passed as against all the defendants if the consent is signed by only some and not all of them. But if one or more defendants give consent, then decree can be passed against that or those defendants, as the case may be, and the suit may proceed in respect of rest of the defendants, as was observed by the Supreme Court in the case of Bai Chanchal (supra). In the instant case, I find that defendant Ramchandra had signed the consent terms certified by the Court on 23-8-1991 along with the plaintiff and on the basis of those consent terms, a valid decree can certainly be passed as against Ramchandra. Question would be what is the order of the Court in respect of other defendants. In the consent terms, Clause 5 says that the defendant admits that other defendants have no concern with the suit property and there is no objection for deleting their names. Those consent terms have also been signed by the plaintiff. Therefore, this can very well be treated as an application under Order 6, Rule 17 for the amendment of the plaint so far deletion of the defendants are concerned.
Bombay High Court
Ramchandra Bhikchand Nahar And ... vs Narhar Maruti Udavant And Others on 1 November, 1995
Equivalent citations: AIR 1996 Bom 338, (1996) 98 BOMLR 433
Bench: N Chapalgaonkar
