Civil Procedure Code, 1908, Order 23, Rule 1 -- Divorce application withdrawn with liberty to file fresh application - Fresh application not barred...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Decree by consent is a judicial and not ministerial act. Recording of compromise is not purely a formal matter but a question of substance...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 23, 25 -- Power of remand cannot be exercised u/s 151 CPC - Procedure is to be followed as provided under 0.41.R.23 & 25 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- An order which incorporates the terms of the compromise between the parties but runs counter to the public policy as envisaged in the statue, is void and can be challenged in collateral proceedings...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Non compliance with the rule - Too much insistence on technical provisions of a procedural law can at time lead to absurd results and cause injustice to parties - When non compliance renders the decree a nullity - AIR 1965 Calcutta 562 followed wherein held that `The provisions of sub-rule 3 of R.4 of O.32 are mandatory and a..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Plea of no proper issue cannot be a ground for remand...........
Civil Procedure Code, 1908, Order 23, Rule 1(2) -- Withdrawal of suit allowed - Permission to file fresh suit rejected - Order not valid...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- The first appellate Court, though a final Court of facts will not normally set aside the finding of facts made by the trial Court on consideration of evidence unless there are compelling circumstances to do so...........
Civil Procedure Code, 1908, Section 152, Order 23, Rule 1 -- Appeal withdrawn - Amendment of judgment and decree - Application lies to trial court...........
Civil Procedure Code, 1908, Section 100, 101, Order 23, Rule 3 -- Whether compromise in fact reached between the parties - Is a question of fact - Finding of lower appellate court is final...........
