https://www.taxtmi.com/caselaws?id=196972 A consent decree impeached for fraud, misrepresentation, coercion or undue influence should ordinarily be challenged by a separate suit, because such allegations require a fuller inquiry into the validity of consent than review proceedings permit. The Court distinguished mere clerical or obvious errors, where review may be appropriate, from vitiating factors affecting the agreement itself. It also held that an unsuccessful review application does not bar a later suit on the same substantive grounds, because review is not a suit for res judicata purposes and is not an inconsistent election of remedies. The preliminary dismissal was therefore set aside and the matter remitted for decision on the merits. en-us Wed, 14 Apr 1909 00:00:00 +0530 Tue, 18 Apr 2023 14:16:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196972 A consent decree impeached for fraud, misrepresentation, coercion or undue influence should ordinarily be challenged by a separate suit, because such allegations require a fuller inquiry into the validity of consent than review proceedings permit. The Court distinguished mere clerical or obvious errors, where review may be appropriate, from vitiating factors affecting the agreement itself. It also held that an unsuccessful review application does not bar a later suit on the same substantive grounds, because review is not a suit for res judicata purposes and is not an inconsistent election of remedies. The preliminary dismissal was therefore set aside and the matter remitted for decision on the merits. Case-Laws Indian Laws Wed, 14 Apr 1909 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196972