Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file afresh suit - Suit for injunction - Affidavit filed by plaintiff discloses that formal defect in suit is unworkable prayer and sufficient grounds are shown that plaintiff purchased the property from defendant - There is thus, necessity for seeking declaration of title and relief of..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Withdrawal of - No restriction under law to withdraw from compromise before any decree is passed on basis of said compromise...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Withdrawal of - Partition suit - Purpose of a compromise is to resolve a dispute between litigating parties - Since alleged compromise filed by plaintiff would not resolve dispute between parties, trial Court rightly rejected the compromise application...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Order allowing withdrawal of suit without there being specific mention of the fact of granting liberty to plaintiff to file a fresh suit - Plaintiff in his statement clearly stated that he wants to withdraw the suit with liberty to file fresh suit - Statement of..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit - Recall of order - Order can be recalled not only in case of proved fraud, but same can be recalled by Court, ex debito justitiae, if it is satisfied that withdrawal of suit was engineered by defendants by deceit which would include constructive fraud, inducement and misrepresentation...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file afresh - Formal defect - Suit for declaration and permanent injunction - Plaintiffs claiming themselves to be trustees of temple - They also claiming right to manage temple - Earlier proceedings initiated with third parties were not mentioned in plaint, as those documents were not..........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 6, Rule 17 -- Abandoning suit against defendant No.5 - Amendment of plaint - Suit for permanent prohibitory injunction - Plaintiff has right to abandon his suit or part of claim against all or any of defendants - Trial Court while allowing application has imposed costs of Rs.500 on plaintiff..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 23, Rule 1, 2 -- Amendment of plaint - Abandonment of suit against defendant No.5 - Plaintiff has right to abandon his suit or part of his claim against all or any of defendants - Trial Court allowed application - Plaintiff will be precluded from bringing any fresh suit against petitioner in..........
Civil Procedure Code, 1908, Order 23, Rule 3B(2) -- Representative suit - Notice to members of society - Suit instituted by a member of society for realization of money allegedly due from society - Cannot be considered as a representative action for purposes of O.23.R.3-B(2) Explanation (d) CPC, as decree that may be passed in suit/appeal binds members of society not in..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 23, Rule 1, Court Fees Act, 1870, Section 6(2), 6(3)(As -- Amendment of plaint - Amendment sought to abandon part of claim and thereby reducing valuation of suit, after determining that the plaint is insufficiently stamped - Application is maintainable - Right to abandon a part of claim inheres..........
