Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 23, Rule 1 -- When a fatal defect has erupted in the institution of the suit, no liberty can be granted to file a fresh suit...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Permission to withdraw suit to file a fresh one on the same cause of action - It is incumbent on the trial Court to record finding about the formal defect and further that on account of that formal defect the suit is likely to fail...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with permission to file fresh one on the same cause of action - Incumbent on Court to record findings : (i) about formal defect, and (ii) on account of formal defect suit likely to fail - Court came to the conclusion that plaintiff unable to prove case by proving site plan and number of rooms in..........
Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Suit for specific performance - Third party purchaser impleaded as defendant - Defendant vendor agreeing to execute sale-deed on plaintiff-vendee agreeing to withdraw suit - Third party claiming to be bona fide purchaser - Compromise cannot be recorded in the circumstances...........
Civil Procedure Code, 1908, Order 23, Rule 1, 3, Civil Procedure Code, 1908, Order 43, Rule 1 -- Refusal to record compromise and rejection of application to withdraw suit - Do not amount to decree - Appeal against not maintainable - Appeal against order U.O.23.R.3 is also prohibited...........
Registration Act, 1908, Section 21, 23, 28, 32, 35 -- Ownership in question - Act nowhere provides that the Sub Registrar/Registrar can refuse to register the lease deed/sale deed pertaining to a property the ownership of which is in question - It is not within the domain of the Registrar/Sub Registrar to ask the executant of the deed to establish his or her ownership in..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Suit for declaration filed - Defendants claimed to be in possession - Plaintiffs produced their entire evidence - Thereafter plaintiff sought withdrawal of suit with permission to file fresh suit on the same cause of action - Permission granted - No injustice or prejudice is caused to the petitioners...........
Registration Act, 1908, Section 21, 23, 28, 32, 35 -- Registering Officer cannot refuse registration of document conveying property ownership of which is in dispute - All reasons specifically enumerated under Sections 21, 23, 28, 32 and 35 for which a Sub Registrar or Registrar may refuse to register sale deed and other documents - Act nowhere provides that Sub..........
Hindu Marriage Act, 1955, Section 9, 13, 23 -- Petition for restitution of conjugal rights by husband - Subsequent divorce petition by wife - Divorce granted and restitution of conjugal rights refused - Merely because husband studying in law does not mean that marriage has failed - Version of wife regarding dowry demand not supported by conduct or surrounding circumstances..........
Hindu Marriage Act, 1955, Section 13, 23, 27 -- Divorce petition by wife - Decree by trial Court - Validity - Unreasonable conduct of wife to stay unreasonably in her parent's house when she was married - Wife alleging adultery by husband without evidence - Husband making offer to keep wife with him in proceedings u/s 125 Cr.P.C. - Wife highly qualified has to adjust with..........
