SUPREME COURT OF INDIA
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise - Recorded in police station during pendency of suit - Suit cannot be disposed of except by recording compromise and that too by following the procedure, and recording the satisfaction, contemplated by O.23.R.3 CPC...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit - At appellate stage - No explanation as to why an application not filed before trial Court seeking permission of Court to withdraw suit with liberty to file fresh suit - Trial Court on the basis of material available on record, decided the suit on merits against the plaintiff -..........
MADRAS HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit at appellate stage with liberty to file fresh suit on the same cause of action - To avoid multiplicity of proceedings, suit can be permitted to be withdrawn with liberty to file a fresh suit on the same cause of action...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Deletion of name of proforma defendant - Held, plaintiff is the dominus litus of the suit and he can choose as to against which party he wants claim as relief - Plaintiff is well within his right to pray for deletion of name of one of the defendants...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Deletion of name of one of the defendants - Order cannot be challenged by defendant who is still a party to the suit as he has no grievance as to the deletion of name of other defendant...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise - On the basis of compromise decree passed and plaintiff acted upon the decree - Held, plaintiff then has no right to say that compromise is the result of mis-representation or fraud...........
BOMBAY HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 23, Rule 1(4)-- Bar created by O.23.R.1(4) does not operate against the successor-in-title...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 15, Rule 1, 3, Civil Procedure Code, 1908, Order 23, Rule 1-- Maintainability of suit - Question not raised before Courts below - Cannot be allowed to be raised for the first time in SLP...........
SUPREME COURT OF INDIA
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 15, Rule 1, 3, Civil Procedure Code, 1908, Order 23, Rule 1-- Maintainability of suit - Question not raised before Courts below - Cannot be allowed to be raised for the first time in SLP...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2004
Details
Civil Procedure Code, 1908, Order 23, Rule 1(b)-- Withdrawal of suit - Sought immediately after filing of written statement by defendant and before framing of issues as plea of misrepresentation and fraud by inadvertence could not be taken and that detailed particulars of fraud and misrepresentation were sought to be pleaded by filing the new..........