Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Execution - In terms of O.23.R.3 CPC, if any settlement was arrived at between parties, Execution Court was to be taken into confidence...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(d) -- Withdrawal of suit - Plaintiff can be permitted to withdraw suit with liberty to file afresh, only if, defects are found to be of form and not of substance...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(d) -- Withdrawal of suit - Suit for specific performance - Initially the claim of plaintiff was that suit land was owned and possessed by defendant exclusively - But in the application for withdrawal of suit plaintiff claimed that suit land is part of a bigger plot purchased in the names of plaintiff, defendant and their..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - Counsel appearing for a party is fully competent to put his signature to the terms of any compromise upon which a decree can be passed in proper compliance with the provisions of O.23.R.3 CPC and such decree is perfectly valid...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Property which is not the subject matter of a suit can form part of the compromise...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Signed by plaintiff, one of defendants and by counsel for plaintiff and defendants - Plea that compromise is not lawful as it was not signed by the parties but was signed by counsel for the parties not tenable in the absence of plea that act of counsel who signed the compromise was not authorised by them and/or..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Bar of fresh suit - First petition for grant of decree of divorce filed by husband withdrawn without seeking leave of Court to institute a fresh petition for grant of decree of divorce - Second petition for divorce filed by husband refers to several acts of cruelty inflicted by wife on..........
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Section 89, Order 23, Rule 3 -- Dishonour of cheque - Agreement entered into between parties in a mediation cannot be termed as evidence in a criminal matter unless it is accepted by parties thereto and terms of such agreement were put into effect by parties...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Without liberty to file afresh suit on the same cause of action - Partition suit - Fresh suit for partition by same plaintiff in respect of same subject matter is not barred U.O.23.R.1(3) CPC as cause of action for partition is recurring one...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - It is absolute right of suitor - Asking for leave to withdraw is a matter of courtesy and respect to the Court and it is not intended to give Court a power to exercise discretion - However, in case withdrawal of suit with liberty to file fresh suit on the same cause of action is sought then power to allow..........
