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Results of civil procedure code o 23 r 3

Showing : 31-40 of 364 Results

HIMACHAL PRADESH HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Passed in the year 1992, challenge in the year 2006, after a gap of more than 13 years - Parties were put in their respective possession as per compromise - Compromise decree was passed with specific consent of parties - Plaintiffs estopped from challenging the same by their own act and conduct...........

BOMBAY HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Setting aside - Proper remedy to assail a decree on compromise is to file an application to recall order regarding compromise entered into between parties to suit - Fresh suit by one of parties to assail a compromise decree is not maintainable...........

BOMBAY HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - setting aside - Non fulfillment of terms and conditions of compromise - Entire foundation for challenging the compromise as non est is based on subsequent events that occurred after passing of compromise decree and not on the ground that compromise being vitiated on account of any fraud or..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 12, Rule 6 -- Compromise and consent decree - There is difference between a compromise decree and consent decree - A compromise between parties pre-supposes bilateral understanding - When a decree is passed based on admission in pleading or otherwise, provisions of O.12.R.6 CPC are attracted..........

DELHI HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 23, Rule 3 -- Parties entering into settlement - Breach of settlement - Party aggrieved can enforce terms of settlement and can also seek further reliefs of interest or penalty or damages and so on - However, breach cannot revive an original cause of action which stands fused and settled by crystallizing various terms, as per settlement..........

BOMBAY HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Setting aside - Remedy available is to approach the same Court which passed the compromise decree - Same cannot be done by separate suit which is barred in view of provisions of O.23.R.3-A CPC...........

ALLAHABAD HIGH COURT

Year of decision: 2015
Details

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,..........

RAJASTHAN HIGH COURT

Year of decision: 2015
Details

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...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

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..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2015
Details

Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Resiling by one party - Can be allowed only when compromise was not enforceable for some justifiable reasons when compromise terms were invalid or against public policy or found to be brought about by fraud - When there was no justification in allowing the objection, Court should dismiss the petition filed by..........

Showing : 31-40 of 364 Results