Showing : 401-410 of 738 Results

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...........
ALLAHABAD HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 32, Rule 7-- Minor - Withdrawal of suit on his behalf - Leave to withdraw suit should be accompanied by affidavit of next friend that proposed compromise in his opinion is for the benefit of minor - Application not accompanied by affidavit - No material on record to show that withdrawal of suit is in interest..........
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..........
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..........
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..........
CALCUTTA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit - Objection by defendant that application is verified by constituted attorney who did not have authority to verify - Power of Attorney executed by trustee who was not party to suit - However, on date of execution of Power of Attorney he was very much trustee - No provision of..........
CALCUTTA HIGH COURT
Year of decision: 2006
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit - Eviction petition - Earlier suit filed on plea that it is governed by Transfer of Property Act as right of lessee stood determined by efflux of time - Defendant took plea of monthly tenancy and that tenancy law is applicable and not TPA - Plaintiff accepted plea of monthly..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1-- Suit withdrawn without leave to file fresh suit - Restoration of - Suit for specific performance of agreement to sell - Withdrawn - No leave prayed to file fresh suit on same cause of action - Application for recalling order of withdrawal of suit on ground of misrepresentation by defendant - High..........
SUPREME COURT OF INDIA
Year of decision: 2006
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1-- Withdrawal of suit - Recall of order allowing withdrawal of suit - Liberty to file a fresh suit on the same cause of action, not granted as it was not prayed - Court is not divested of its power to recall its order - In absence of a specific provision in the Code in this respect Court can recall..........

Showing : 401-410 of 738 Results