Kernrechtsfrage
Whether the alleged invalidity of a settlement for defects of consent can be reviewed in an appeal against the order striking the case off
Extrahierter Entscheid
No. A challenge based on defects of consent cannot be pursued in the appeal against the dismissal/striking-off order; it requires a separate action seeking a declaration of invalidity of the agreement.
Extrahierte Begründung
The court held that contesting a contract for defects of consent is not to be litigated within the appeal against the procedural dismissal order, but must be brought by a new lawsuit in separate proceedings.