Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Separate suit on the ground that decree is obtained by fraud - Cannot be held to be barred...........
Civil Procedure Code, 1908, Order 23, Rule 3-A, Evidence Act, 1872, Section 101 -- Compromise decree - Challenged in separate suit as being obtained by fraud - Burden of proof - Whenever a transaction entered at the behest of lawyer is assailed by a litigant, a burden is cast upon the person taking advantage under the transaction to show that transaction was entered into..........
Hindu Marriage Act, 1955, Section 23, 13 -- Divorce petition - Filed after 9 years - No explanation for the delay - Objection in reply - Held, even if no issue is framed, petitioner is bound to prove that part of pleading by way of evidence - Petition liable to be dismissed being delayed...........
Land Acquisition Act, 1894, Section 23(IA) -- Additional amount - Claimants are entitled to 12% p.a. as additional amount from the date of publication of notifica-tion till the date of award u/s. 23(IA) - It cannot be allowed from the date of possession since possession had already been taken before amending Act 1984 came into force...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Suit dismissed as withdrawn in view of compromise - Plaintiff later on praying for setting aside order of dismissal on the allegation that he never entered into any compromise nor did he authorise the counsel - Suit restored to its original number...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1-A -- Compromise decree - Setting aside - Application under S.151 to set aside compromise decree is maintainable inspite of provision for appeal against such decree...........
Civil procedure Code, 1908, Section 151, Order 23, Rule 3 -- Compromise decree - Setting aside - Fraud - Must be proved by adducing evidence - Mere filing of affidavit alleging fraud not sufficient...........
Civil Procedure Code, 1908, Order 23, Rule 1(3), Civil Procedure Code, 1908, Order 32, Rule 15 -- Non impleading of guardian for a person of unsound mind - Not a formal defect but is a curable one - Plaint cannot be allowed to be withdrawn with permission to file a fresh one on the same cause of action...........
Civil procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file a fresh suit on the same cause of action - It is imperative upon the court to come to a positive finding that the suit of the plaintiff suffers from such formal defects which would prove fatal - The object of the rule is not to enable the plaintiff after he has failed to conduct his..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 23(2) -- Decree against a limited company - Cannot be satisfied by attachment and sale of properties belonging to other limited company even if both are managed by same set of directors - Other company is different and distinct juristic person...........
