Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of petition u/s 9 Hindu Marriage Act - Maintenance pendente lite and litigation expenses - Can be awarded till the date of withdrawal of the petition...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Must be in writing and signed by parties - If it is not signed by parties, it cannot be made basis of a compromise decree...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Provisions of 0.23.R.3.- Applicable to appeals also...........
Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Request for withdrawal of suit with permission to file fresh suit on the same cause of action - Suit dismissed as withdrawn-Held, the request for withdrawal of suit with permission to file fresh suit on the same cause of action are integral part of the request made to the Court - It is not open to the Court to split up the..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Wrong description or not giving full description of the suit land in the plaint by itself is no ground to allow withdrawal of suit with liberty to file a fresh suit on the same cause of action...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Trial Court dismissed suit on merits and not on basis of any formal defect - No occasion for the appellate Court to allow the plaintiff to withdraw the suit - Plaintiff who after contest suffers a decree against him, is not entitled as a matter of right to withdraw the suit in appeal...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Abandoning of claim by a party to which he Is entitled under law does not render the compromise ineffective or invalid...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Eviction petition - Subsequent suit for injunction restraining defendant from carrying out any construction or renovation - Compromise - Eviction petition withdrawn and tenant to deliver possession after expiry of certain period - Decree for possession after expiry of said period not beyond ambit of O.23.R.3 - It does not..........
Transfer of Property Act, 1882, Section 60, Civil Procedure Code, 1908, Order 23, Rule 1 -- Redemption - Till right to redeem is extinguished effectively either by the act of the parties or by an order of the court, the right to redeem subsists and can be acted upon - It is neither extinguished by withdrawal of a suit without making a prayer for filing a fresh suit nor it..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Must be in writing and duly signed by parties...........
