Compromise decree and agreement

If agreement is successfully impugned then decree almost always fails, but it may be possible to attack the decree without impugning the agreement

Challenge to one is, therefore, not necessarily a challenge to the other

Grounds on which the agreement on one hand and the decree on the other can be attacked may overlap but are nonetheless distinct, it may be that as a matter of form, the challenge is directed towards the decree

Substance of challenge has to be carefully ascertained and distinction between decree and agreement must be kept in mind

If a compromised matter is challenged on the ground of misrepresentation, it is important to be clear, whether attack is directed against agreement or decree

Compromise agreement is simply a contract and can be impugned on the ground of misrepresentation, if matter comes within the ambit of Ss.18 and 19 of Contract Act, 1872, and compromise decree, on the other hand, can be set aside under S.12(2), C.P.C.