Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Formal defect - If can be got rectified by amendment of plaint, permission to file a fresh suit on the same cause of action should not be granted...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Formal defect - Amendment of plaint seeking relief of possession allowed but as costs not paid the same dismissed - Withdrawal of suit with permission to file a fresh suit on the same cause of action cannot be allowed on the ground that the suit is likely to fail for not claiming the relief of possession - Formal defect if..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Amendment of plaint to seek relief of possession - Allowed - Cost not paid and hence application dismissed - Suit allowed to be withdrawn with permission to file a fresh suit on the same cause of action - Held, suit cannot be allowed to be withdrawn when formal defect can be got rectified by amendment of plaint - Plaint..........
Specific Relief Act, 1963, Section 23 -- Time not essence of contract - Presumption can be rebutted by circumstances which should be sufficiently strong...........
Evidence Act, 1872, Section 18, 19, 20, 21, 22, 23, 31 -- Admission in pleadings - Statement of parties in the pleadings become admissions and may be used as evidence against the person making the statement - However, admissions are not conclusive proof of the matters but they may operate as estoppel...........
Civil Procedure Code, 1908, Section 96, Order 23, Rule 3 -- Compromise - Validity - Can be challenged either in a petition under proviso to Rule 3 of Order 23 or an appeal under S.96(1) CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Duty of Court in recording compromise - The compromise should not be recorded in a casual manner - Court must apply its judicial mind while examining the terms of settlement before the suit is disposed of in terms of the agreement - Responsibility is cast on the court to satisfy itself about the lawfulness and..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - It is the duty of Court to satisfy itself about the lawfulness and genuineness of the compromise - Compromise should not be recorded in a casual manner...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree cannot be challenged by a separate suit...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise, agreement or satisfaction out of court - Must be in writing - Plea of oral agreement or compromise or satisfaction cannot be entertained by Court...........
