Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of appeal - Bar of subsequent suit - Earlier suit for injunction was dismissed and appeal against the same dismissed as withdrawn - Subsequent suit for recovery of possession in respect of very same subject matter is not maintainable as appeal was withdrawn, when there were findings against plaintiff regarding his..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of notice of motion - Grant of - Challenge as to - Suit for administration of estate of deceased - Appellant being highest bidder, sale process had already been confirmed and execution of document was directed in his favour - Since, vested right had been created in favour of appellant/bidder - Defendants could not..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Fraud - A compromise forming the basis of a decree can only be questioned before the same Court that recorded compromise and a fresh suit for setting aside compromise decree is expressly barred by O.23.R.3A CPC - Expression `not lawful' used in O.23.R.3A CPC covers a decree based at a..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Fraud - Neither there is any concealment nor misrepresentation by defendant No.1 - If plaintiff forms a belief without clarifying the same with defendants, defendants cannot be faulted for the same - To declare a contract null and void due to fraud plaintiff must plead the ingredients of..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Setting aside - Condonation of delay - Denial of signatures by defendant on the vakalatnama and compromise as summons were not issued to him - Burden was on plaintiff to prove that compromise as well as vakalatnama was genuine - Since no evidence has been adduced in this respect by plaintiff,..........
Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Settlement - Parties willing to negotiate - Unless all the parties are involved, negotiable itself is illegal and cannot result into valid and effective settlement...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Right to sue for reliefs which was lost by not seeking and obtaining leave of Court at the time of filing of former suit, cannot be restored or revived by simply withdrawing the earlier suit filed for some of reliefs alone or part of claim alone by getting a permission U.O.23.R.1(3)...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(b) -- Withdrawal of suit with liberty to file fresh suit on same cause of action - Permissibility - Where there is material concealment of facts which were in the knowledge of plaintiff and after defendant exposes the same in written statement and counter claim, plaintiff cannot set at knot the entire process, that has to..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Twin requirements of O.23.R.1(3) CPC are: (i) that there is a formal defect in suit instituted which would result in dismissal of suit and; (ii) applicant has been able to show sufficient cause i.e the reason of withdrawal is not vexatious or mala fide...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Denial by other party - If Court finds that compromise has been signed by both parties and one of the parties was resiling from the same, he shall set out the legal justification for the same and Court is bound to record the finding as to whether compromise is true or not - If compromise was true, there is no way..........
