Civil Procedure Code, 1908, Section 152, 153, Order 23, Rule 3 -..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 23, Rule 1(5) -..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 23, Rule 3 -- Divorce - Settlement between parties - Resiling therefrom - Permissibility of - Held, settlement between parties was recorded by Court after examining both the parties and satisfying that the parties have voluntarily settled the matter after completely understanding its terms - Appellant..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise - Fraud - Interim order - Challenge to - Held, civil Court has jurisdiction in exercise of powers U.O.23.R.3 r/w Rule 3-A CPC to consider if compromise on the basis of which decree is based is not lawful - It is settled principle of law that fraud vitiates all proceedings - Any order obtained by playing fraud..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Duty of Court - Held, Court must insist upon the parties to reduce the terms of compromise in writing and further it should be signed by the parties so as to make a complete agreement in terms of the Contract Act capable of being enforced by a court of law - Compromise must be signed by the parties and..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - One of the defendants signed the compromise - Does not express the consent of other defendants - Compromise denied by other defendants - Compromise decree passed on the basis of consent of one defendant, set aside...........
Civil Procedure Code, 1908, Order 23, Rule 3 -..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Means - Settlement of differences by mutual consent...........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise - Alleged to be result of fraud - Party to approach the same Court...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Formal defect - Liberty to file fresh suit - Plaintiffs in their plaint have sought declaration and permanent injunction only - However, plaintiffs now are admittedly not in possession of suit property - Consequently, they have to claim relief of possession of suit property - Held, for granting permission..........
