Showing : 41-48 of 48 Results

CALCUTTA HIGH COURT
Year of decision: 1993
Details
Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 23-- Maintenance pendente lite & Litigation expenses - Application pending - Plaintiff applying U.O.23.R.1 CPC for withdrawal/abandonment of the suit - Court can decide the application for maintenance pendente lite before disposal of the prayer for withdrawal/abandonment of the suit...........
SUPREME COURT OF INDIA
Year of decision: 1992
Details
Civil Procedure Code, 1908, Section 96, Order 23, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1-A(2)-- Decree passed in a suit after recording a compromise - Decree can be challenged on the ground that the compromise should not have been recorded - S.96(3) is not a bar to an appeal under order 43 Rule 1-A(2) as S.96(3) is applicable to cases where the factum of compromise or agreement is not in..........
SUPREME COURT OF INDIA
Year of decision: 1992
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3, 3-A, Civil Procedure Code, 1908, Order 43, Rule 1-A(2)-- Compromise - Order recording compromise in suit - Petition challenging it - Can be filed under S.151 - Such petition has to be decided by same court which has passed order recording compromise - Appeal against such order can also be filed under S.96(1) in view of Rule 1-A of Order 43 CPC...........
SUPREME COURT OF INDIA
Year of decision: 1991
Details
Civil Procedure Code, 1908, Section 11, Order 23, Rule 3, Civil Procedure Code, 1908, Order 3, Rule 1-- Compromise in writing and signed by counsel but not signed by the parties in person - Is valid and binding on the parties and is executable & operates as res judicata even if it extends beyond subject matter of suit - Expression 'in writing and signed by the parties' occurring in O.23 R.1 CPC..........
KERALA HIGH COURT
Year of decision: 1988
Details
Civil Procedure Code, 1908, Order 23, Rule 1-A-- Transposition of defendant as plaintiff - Three conditions (1) The applicant must be a defendant, (2) The plaintiff must have either withdrawn or abandoned the suit (3) The applicant defendant has a substantial question to be decided as against any of the other defendants...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 1971
Details
Civil Procedure Code, 1908, Order 23, Rule 1(3)-- Scope of - Rule 1(3) of Order 23 of the Code of Civil Procedure would operate as a bar only if the plaintiff was to institute a fresh suit. There is nothing in this provision of law which may seem to affect a party's rights or pleas in a previously instituted suit, even though it may have been..........
RAJASTHAN HIGH COURT
Year of decision: 0199
Details
Civil Procedure Code, 1908, Order 23, Rule 3-A-- Compromise decree - Cancellation - Party can file petition under proviso to R.3 of O.23 or an appeal under S.96(1) - Fresh suit for such cancellation is not maintainable...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 0000
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- O.23.R.1 - CPC also applies to appeals and the appellate Court can allow withdrawal of an appeal with liberty to bring a fresh case...........

Showing : 41-48 of 48 Results