Civil Procedure Code, 1908, Section 47, Order 23, Rule 1 -- Suit for permanent injunction - Compromise - Decree passed on the basis of terms of settlement - Mutation refused by Revenue Authorities on the ground that by consent decree, right, title and interest of respondent is not declared - Second suit for declaration - Not maintainable in view of S.47 CPC - Though..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree in suit for permanent injunction - Nature of - Suit for injunction - Settlement arrived at by & between parties - Reduced in writing - Decree passed on the basis of terms of settlement - Consent decree for all intent & purpose, a preliminary decree passed in a suit for partition - Fresh proceedings/suit cannot..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - Scope of - Consent decree in terms of O23 R3 need not be confined only to reliefs prayed for in the subject matter of the suit...........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Suit for permanent injunction - Compromise between parties - Consent decree passed on the basis of compromise - Mutation not sanctioned by Revenue Authorities on the plea that right, title or interest not declared by consent decree - Second suit for declaration claiming one relief inconsistent to consent decree...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Ground pleaded that survey number and boundaries not properly given in plaint - Reason adduced not well founded which can be allowed...........
Land Acquisition Act, 1894, Section 23 -- Determinisation of compensation - Reasonable yardstick - Reference Court determined compensation considering sale deed of same village - Claimants seeking enhencement by relying on Award of compensation of adjoining village - Compensation of adjoining village doesnot provide reasonable yardstick for determination of compensation as..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3-A -- Compromise decree - Setting aside - Separate suit is not maintainable - A party can challenge the legality of the compromise only before the same court and the court is enjoined with a solemn duty to decide such controversy - Application filed in Court which passed the compromise decree is maintainable...........
Civil Procedure Code, 1908, Order 23, Rule 1, 2, 3 -- Void order - Limitation to challenge - It must be challenged before a competent court of law within limitation - A party and a participant of a compromise and decree passed on that basis, cannot deny knowledge of the same so as to challenge it any time...........
Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Compromise decree - A beneficiary of compromise decree cannot be allowed to challenge the same - Simultaneous compromises in two different suits at different places to settle all family disputes for ever - Has to be considered as part of each other and one transaction - Court will lean in favour of upholding such..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Maintainability of suit challenging consent decree - Suit by Trust through Chief Trustee - Resolution of Trust authorising Chief Trustee to compromise suit - Other Trustees signatory of resolution - Compromise entered among parties - Another suit filed by Trust for setting aside consent decree - Challenge on the ground that..........
