Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit to file afresh suit - Permissibility - It is not pleaded that suit may fail by reason of some formal defect and no allegation was made to make out sufficient grounds for allowing plaintiff to withdraw suit with liberty to file fresh suit on same cause of action - It is seen from affidavit filed in..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Eviction petition - Withdrawal to file fresh on the same cause of action - Applicability of provisions of O.23.R.1(3) of CPC - Held, provisions of O.23.R.1(3) CPC are not applicable to the proceedings under East Punjab Urban Rent Restriction Act - Application for withdrawal of eviction petition to file fresh on the same..........
Civil Procedure Code, 1908, Section 9, Order 23, Rule 3-A -- Compromise decree - Passed by Revenue Court - Challenged to be fraudulent - When allegations of fraud are levelled then it has overtones of criminality - Such a decree can only be challenged in a Court constituted under the Code of Civil Procedure...........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Passed by Revenue Court - Challenged to be fraudulent - Can be challenged in civil Court - O.23.R.3-A CPC does not bar the institution of a suit before the civil court in regard to decrees or orders passed in suit and/or proceedings under different statutes before a Court, tribunal or authority of..........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Challenged to be fraudulent, inoperative and not binding - Can be challenged before the same Court that recorded the compromise and a fresh suit for setting aside compromise decree is barred - Compromise decree based on a fraudulent compromise falls under O.23.R.3-A CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- O.23.R.3-A CPC does not bar suit challenging compromise decree on the ground of fraud and misrepresentation...........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Setting aside - Person taking benefit of the compromise cannot be permitted to wriggle out of it...........
Contract Act, 1872, Section 28, 23 -- Parties cannot contract against a statute...........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Section , Order 23, Rule 1(4) -- Bar to subsequent suit - Previous suit filed on mere apprehension of dispossession from the plot in dispute - Subsequent suit filed when he actually stood dispossessed during pendency of that suit - It gives rise to fresh and an independent cause of action for filing..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit - At the time of withdrawal of suit for injunction, no permission for institution of fresh suit for possession was required as plaintiff had been dispossessed during pendency of that suit - O.23.R.1(4) not attracted in the facts of present case...........
