PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 3, 3-A-- Power of attorney - Consent decree - Power of attorney executed a day earlier and absence of name of Court - Inconsequential as power of attorney could not be related to any other lis between the parties...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23-- Compromise decree - Validity - Remedies available - The only remedy available is to challenge the compromise decree in the Court which recorded the compromise and made a decree in terms of it and establish that there was no compromise - Court which recorded compromise will itself consider and..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Provision of O.23.R.3 consists of two parts - First part refers to situation where an agreement or compromise is entered into in writing and signed by the parties and agreed terms are reduced into writing - Second part refers to cases where the defendant has satisfied the plaintiff about the claim..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- `In writing' & `signed by the parties' - Counsel possessed of requisite authorization by vakalatnama, can act on behalf of his client - The words `by parties' refer not only to parties in person, but their attorney holder or duly authorized pleaders - Statements recorded by Court amount to a..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23-- No appeal is maintainable against a consent decree having regard to the specific bar contained in S.96(3) CPC ; (ii) No appeal is maintainable against the order of the court recording the compromise or refusing to record a compromise in view of deletion of clause (m) Rule 1 Order 43 CPC; (iii) No..........
KERALA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit with liberty to institute a fresh suit - Permission cannot be granted to institute fresh suit in respect of a different subject matter - Subject matter mentioned in O.23.R.1(3) evidently includes the cause of action as well...........
KERALA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit after remand by Appellate Court for a limited purpose - Plaintiff is not entitled to circumvent the remand order and get nullified the findings therein under the guise of instituting a fresh suit after withdrawing from the suit U.O.23.R.1(3) CPC...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 3-B-- Consent decree - Suit in representative character - Leave of Court - Notice to interested parties - Notice as provided under O.23.R.3-B is not mandatory - In case Court finds that all parties interested in suit had joined in the consent terms and are fully conscious of consent terms, then issuance..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 3-B-- Consent decree - Suit in a representative character - Leave of Court - Consent terms tendered in Court and Court proceeded to pass decree in accordance with consent terms - It is sufficient to hold that leave of Court was expressly recorded - Held, it is not necessary to use particular words to..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit at second appellate stage - Once a suit is decided and decree passed, it conclusively determines the rights of the parties with regard to all the matters in controversy in the suit and therefore, at the stage of appeal, though it is continuation of the suit, plaintiff has no..........