Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Conditions to be satisfied to record compromise : (1) There should be a lawful agreement or compromise; (2) Compromise has to be in writing and signed by the parties; (3) Compromise must be recorded by Court; (4) A decree on such compromise can be passed so far it relates to the parties to the suit but may extend..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Recording of compromise between some of parties to suit is not a proper compromise - If the compromise is not signed by all the parties, compromise cannot be recorded validly U.O.23.R.3 CPC...........
Civil Procedure Code, 1908, Section 96 -- Appeal against preliminary decree passed in partition suit - Stay of appeal till disposal of probate proceedings - No material on record to suggest that final decree is prepared as yet - Only preliminary decree is challenged under appeal - There is thus, no justification for staying further proceedings of appeal indefinitely -..........
Civil Procedure Code, 1908, Section 24, 20 -- Transfer of suit - Suit for declaration of paternity of child - Wife sought transfer of suit from Guwahati to Silchar - He failed to show that wife is having her house at Guwahati or any other relatives staying at Guwahati - More so, wife has minor son and it would be difficult on her part to take minor son along with her to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought explanatory in nature and is imperative for proper and effective adjudication of case - Neither it changes nature of suit nor does it cause any prejudice to defendant - Moreover, trial of case has not yet commenced and suit is fixed for hearing on application U.O.7.R.11 CPC - Amendment..........
Civil Procedure Code, 1908, Order 7, Rule 14(4), Civil Procedure Code, 1908, Order 8, Rule 1A(4), 13, Evidence Act, 1872, Section 145 -- Production of document - To contradict a witness during cross examination - If witness denies such document, same certainly will have to be marked, though not admitted to evidence and retained on file so as to enable Court to subsequently..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for mandatory and permanent injunction - Plaintiff sought impleadment of sole surviving legal heir of co-owner of property - He is a proper party to suit and his presence is necessary for a complete and final decision on question involved in the proceeding - Moreover, plaintiff in a suit being..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Failure or inability of plaintiff to secure necessary evidence to support his case is not a ground contemplated by O.23.R.1(3) CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Suit for declaration of title - Ground taken by plaintiff for withdrawal of suit is not a formal defect - Application filed at the stage of final arguments only when plaintiffs were in apprehension of dismissal of suit - Though abandonment is permissible at any stage, however, words `at any stage' is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit seeking demolition of alleged illegal construction, restoration of possession and permanent injunction - Plaintiffs have taken a specific plea that they have suffered a loss of Rs.50,000 because defendant demolished the suit shop and have raised illegal..........
