Showing : 381-390 of 724 Results

SIKKIM HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 3A-- Compromise decree - Setting aside - Decree found vitiated by non compliance of O.32.R.7 - Decree can be set aside U.o.23.R.3-A - Bar operates only when decree is vitiated by fraud, undue influence or coercion in terms of S.23 of Contract Act...........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 47, Order 23, Rule 1-- Suit for permanent injunction - Compromise - Decree passed on the basis of terms of settlement - Mutation refused by Revenue Authorities on the ground that by consent decree, right, title and interest of respondent is not declared - Second suit for declaration - Not maintainable in view of S.47..........
MADRAS HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Ground pleaded that survey number and boundaries not properly given in plaint - Reason adduced not well founded which can be allowed...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 3, 3-A-- Compromise decree - Setting aside - Separate suit is not maintainable - A party can challenge the legality of the compromise only before the same court and the court is enjoined with a solemn duty to decide such controversy - Application filed in Court which passed the compromise decree is..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 1, 2, 3-- Void order - Limitation to challenge - It must be challenged before a competent court of law within limitation - A party and a participant of a compromise and decree passed on that basis, cannot deny knowledge of the same so as to challenge it any time...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 1, 3-- Compromise decree - A beneficiary of compromise decree cannot be allowed to challenge the same - Simultaneous compromises in two different suits at different places to settle all family disputes for ever - Has to be considered as part of each other and one transaction - Court will lean in favour..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit with permission to file fresh suit on the same cause of action - Permission granted to withdraw suit - However, no permission granted to file a fresh suit on the same cause of action - Held, Court can either accept or reject the prayer - Court not justified in partly accepting..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1(3), Civil Procedure Code, 1908, Order 2, Rule 2-- Withdrawal of suit - Suit for permanent injunction restraining defendant from interfering with possession - Suit filed for 4.18 guntas where decreed to extent of only 4.02 guntas - For filing suit for possession in respect of remaining 16 guntas plaintiff is not required to withdraw earlier suit -..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Can be granted only if one of the two conditions exist viz. that the suit may not fail by reason of some formal defect or that there are sufficient grounds for allowing the plaintiff to institute a fresh suit on the..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Material facts or material particulars to substantiate the plea as to who were the persons who have died or which were the transfers which had taken place during the pendency of the suit and as to what are the..........

Showing : 381-390 of 724 Results