Civil Procedure Code, 1908, Order 23, Rule 3, 3-A -- Consent decree - Passed on the basis of statement made by the respondent as well as counsel for the petitioner - Appeal against the decree is not maintainable - Can only be challenged either by review by or by regular suit and not by regular appeal...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Reduced to writing and statement of appellant record who in token of its correctness accepted it and signed it - Objections after two years that compromise was not in confirnity with O.23.R.3 CPC - No averment that compromise was under pressure of mistake - Held, challenge to compromise is without any basis...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- plaintiff allowed to withdraw suit with permission to file fresh suit on the same cause of action subject to payment of costs-Trial Court specifically stating payment of costs a condition precedent to file fresh suit -Second suit filed without payment of costs - The fact of withdrawal of earlier suit not brought to the notice..........
Civil Procedure Code, 1908, Section 11, Order 23, Rule 3, Civil Procedure Code, 1908, Order 3, Rule 1 -- Compromise in writing and signed by counsel but not signed by the parties in person - Is valid and binding on the parties and is executable & operates as res judicata even if it extends beyond subject matter of suit - Expression 'in writing and signed by the parties'..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 32, Rule 7 -- Compromise on behalf of minor - Next friend or guardian of minor cannot compromise except with the leave of the court on the affidavit of such next friend or guardian to the fact that the compromise is in the interest of the minor - A similar certificate is also to be filed by the..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Suit decreed on the basis of written statement admitting the claim of plaintiff - Neither statement of parties recorded nor any compromise in writing filed - Cannot be said to be a compromise decree...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Court's order granting leave to withdraw the suit but declining permission to file fresh suit - Order is unsustainable...........
Civil Procedure Code, 1908, Order 23, Rule 1(5) -- Several plaintiffs - One of them, without others consent cannot withdraw suit or part of claim...........
Civil Procedure Code, 1908, Order 23, Rule 1(2) -- Non impletion of necessary parties - Not a formal defect...........
Civil Procedure Code, 1908, Order 23, Rule 1(2), Civil Procedure Code, 1908, Order 1, Rule 9 -- Withdrawal of suit with liberty to file a fresh suit - Suit already dismissed against defendants No 2 and 3 for non compliance of orders passed by the Court - In the absence of defendants 2 & 3 suit was bound to fail as they were necessary parties to the suit and in their..........
