Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - In writing and signed by partiesx - Statements made by parties recorded in Court's proceeding and signed by parties and their counsel - Constitute written Instrument of compromise as contemplated by O.23.R.3 CPC...........
Civil procedure Code, 1908, Order 23, Rule 3 -- Compromise - One of parties who was not contesting matter, not signing compromise - Compromise can be enforced between contesting parties...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Terms of compromise or subsequent decree passed in terms of compromise is not binding on those who are not parties to compromise and who have not signed the compromise petition...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Eviction petition - Decree for eviction on basis of compromise petition of parties - Terms of compromise containing admission of tenant as to existence of grounds on which eviction was sought - Decree is not nullity - Decree is executable...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Stranger of the suit cannot be a party to the compromise - Proper course is to consider the application for impleading the strangers as parties to the suit before the question of recording the compromise is taken up...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- A - Partition suit - Suit withdrawn or abandoned - Transposing defendant as plaintiff - The question to be considered is whether applicant has a substantial question to be decided as against any of the other defendants...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- A - Transposing defendant as plaintiff - Application for withdrawal of suit pending - Pending decision on such application Court can consider application for transposing defendant as plaintiff - Court can consider such application even where plaintiff withdraws suit - Court not functus officio - Mere filing of application for..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Decree in terms of compromise - Copy filed by petitioner as original was in possession of defendant - Defendant denying execution of any such compromise - Trial Court recording evidence showing that parties did enter into compromise - Copy filed in Court duly signed by defendant identified by Advocate - There is no evidence..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Written and signed by parties and identified by their counsel - Court cannot refuse to record it, even if one of the parties resiles from it - Decree be passed on basis of such compromise...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Suit for specific performance - Consent order - Consent order debarred contractor from claiming specific performance or damages in lieu thereof, but preserved other claims - Claims for work done or goods supplied - Not barred...........
