Showing : 71-80 of 106 Results

KERALA HIGH COURT
Year of decision: 2003
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Earlier suit claiming right of pathway not complying with provisions of O.7.R.3 CPC - Suit dismissed as not pressed - Later suit claiming easement right containing necessary averments for establishment of easement right - No contention regarding maintainability of suit in written statement nor..........
DELHI HIGH COURT
Year of decision: 2002
Details
Civil Procedure Code, 1908, Order 23, Rule 3-- Application U.O.23.R.3 - No ad-valorem court fee needs to be affixed on such an application...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Order 23, Rule 3, 3-A-- Consent decree - Res judicata - There is no res judicata in respect of a consent decree - However, compromise incorporated in a consent decree as long as it is valid, is binding on the parties - Provision of Order 23, Rule 3 CPC makes it abundantly clear that where it is proved to the satisfaction..........
MADHYA PRADESH HIGH COURT
Year of decision: 2001
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3-Proviso - Compromise decree - Challenged by way of a suit alleging compromise to be unlawful - Suit not maintainable but the same treated as an application U.O.23.R.3 Proviso and S.151 CPC and fixed for enquiry whether compromise was lawful...........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Withdrawal of suit - At appellate/Second appellate stage - The appellate/second appellate Court should apply its mind to the case with a view to ensure strict compliance with the conditions prescribed in O.23.R.1(3) CPC for exercise of the discretionary power in permitting the suit with leave to..........
SUPREME COURT OF INDIA
Year of decision: 2000
Details
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 32, Rule 15-- Compromise decree - Setting aside - Wife alleging husband was mentally unsound and compromise entered into by her husband was contrary to law - Trial Court setting aside decree without following procedure laid down in proviso to Rule 3 - Held, High Court is justified in holding procedure adopted..........
BOMBAY HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 23, Rule 3-- Compromise decree - As per its terms Defendant was to vacate suit hotel within five years - Premises not vacated after five years - Compromise decree challenged on the ground that defendant neither received any suit summons nor engaged any lawyer to defend him in the suit in which the compromise..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1999
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit in appeal where suit dismissed (on merits and not on account of any formal defect) - Cannot be permitted as a matter of right - No absolute right of plaintiff to withdraw suit at the stage of appeal under sub - rule (1) of Rule 1 of Order 23 though appeal may be continuation of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 23, Rule 3A-- Objection that suit barred under Order 23 Rule 3 - A not raised in written statement - Deemed to have been waived even if such objection available as participated in suit proceedings and even in appeal without raising said objection...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1998
Details
Civil Procedure Code, 1908, Order 23, Rule 3- - Decree based on compromise - Can be passed only against party to suit - If proved in a particular case that named defendants parties only in print and not in reality and in fact imposters produced in Court - Defendants cannot be termed as party to the suit at all - Court enjoined by Proviso to..........

Showing : 71-80 of 106 Results