Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 43, Rule 1A -- Compromise decree - Relief barred by limitation - Challenge to - Plaintiff is seeking a declaration by way of filing a separate suit that compromise decree passed is null and void - Held, declaration sought by plaintiff cannot be granted in an independent suit - Remedy open..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Provision of O.23.R.1 CPC applies to suits and part of claims raised in the suit - it does not apply to interlocutory applications and orders passed thereon...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1, 3 -- Withdrawal of suit - Application u/s 151 CPC for recalling an order permitting withdrawal of suit is maintainable in the interest of justice...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit - Withdrawal of withdrawal application - Maintainable u/s 151 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Proviso - Proviso to R.3 of O.23 is wider in its import and application, than review U.O.47 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3, Limitation Act, 1963, Article 137 -- Proviso under R.3 of O.23 cannot be one conferring powers merely of review and hence would be regulated by Art.137 of Limitation Act...........
Civil Procedure Code, 1908, Section 11, Order 23, Rule 3A -- Res judicata - Compromise decree - Applicability of O.23.R.3-A - Suit was filed originally in the year 1965 which was returned for proper presentation - Thereafter suit was filed in the year 1974 - O.23.R.3-A was added by the CPC Amendment Act w.e.f. 1st February, 1977 - Held, on the date of institution of the..........
Civil Procedure Code, 1908, Order 23, Rule 3 -..........
Civil Procedure Code, 1908, Order 23, Rule 1, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Permission to withdraw with liberty to file fresh petition - Validity - No reasons are recorded by Family Court for permitting Respondent/husband to withdraw petition with liberty to file a fresh petition - Serious allegations are leveled against appellant/wife - Held,..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Dismissal of suit on merits as well non signing of plaint and vakalatnama by plaintiff Nos.3 & 4 - Defect of not signing plaint could be cured in accordance with law - Since the suit was decided on merits as such appellate court gravely erred in permitting plaintiff to withdraw suit..........
