Civil Procedure Code, 1908, Order 23, Rule 3 -- Withdrawal of suit - Three types of situations of O.23.R.3 CPC are : (i) Plaintiff, after filing of suit can abandon his entirety or part of claim against all or any of the defendants (ii) Plaintiff when minor or a legally disabled person, neither the entire suit nor any part of the claim can be abandoned without `leave of..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Withdrawal of suit - At appellate stage - Appeal is continuation of suit - Provision of O.23 CPC are equally applicable to an appeal as well...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Withdrawal of suit - At appellate stage - Appellate Court can allow a plaintiff to withdraw suit if it was dismissed purely on a formal defect and not when suit was dismissed on merits...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Withdrawal of suit - At appellate stage - Suit dismissed by holding that mere suit for injunction is not maintainable as the plaintiff was also required to seek declaration as well - Held, dismissal of suit by holding the suit is not maintainable for want of seeking another prayer is a formal defect which can be allowed to be..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Compromise by power of attorney holder - Party executing the Power of Attorney is bound by the acts of the Power of Attorney holder and Court can accept compromise terms entered into by the Power of Attorney holder on behalf of the parties and that such a compromise would be a valid compromise...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Setting aside - Burden to prove that a compromise arrived was tainted by coercion or fraud lies upon the party who alleges the same...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree is as binding upon the parties thereto as a decree passed by invitum...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Appellant made a statement in court conceding claim of respondents - Court while relying upon the aforesaid statement passed decree in favour of defendant No.1 - No challenge to the aforesaid decree on ground that statement was not made in court or same was made by misrepresentation or playing fraud upon..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Authority of local commissioner - Local commissioner appointed to record the statement of a witness who was aged and not keeping good health - Statement of parties before him regarding settlement of matter - Recording of compromise on the basis of settlement arrived at between the parties - Validity of compromise..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Formal defect - Formal defect is a defect of form prescribed by rules of procedure viz mis-joinder of parties, of causes of action, non payment of proper court fee, failure to disclose cause of action etc...........
