Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Challenged as obtained by fraud and misrepresentation and that plaintiff never appeared before the Court at the time of passing of the decree and somebody else has allegedly made a statement on his behalf - Suit cannot be decided on the basis of preliminary..........
Civil Procedure Code, 1908, Order 23, Rule 1, 3, 5 -- Joint suit - Withdrawal - Consent of co-plaintiff - Application not to be allowed in absence of consent of other plaintiffs - In the instant case suit filed by the trust through its President and Secretary and by the persons holding those offices in their individual capacity as well - Application for withdrawal of suit..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- sub - rule (5) - Requires Court to ensure that withdrawal of suit is not allowed without the consent of other plaintiffs - More than one plaintiffs joined in filing of suit (on behalf of Trust by President and Secretary as also in their individual capacities) - Application by one of the plaintiffs and also being newly elected..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 32, Rule 7 -- Compromise - Court to be satisfied that compromise entered into between parties is lawful before accepting the same - Compromise signed by Counsel, on behalf of parties some of whom were shown as minors though in fact they had attained majority on date of compromise - Where..........
Civil Procedure Code, 1908, Order 23, Rule 3, Contempt of Courts Act, 1971, Section 2, 11, 12 -- Decree passed pursuant to a compromise arrived at between the parties - Failure to fulfil the terms of the decree - Cannot invite contempt proceedings - Decree could only be executed - It is contempt only when there is wilful disobedience of an express undertaking given in..........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise in partition suit - Son of one of the parties to compromise filed suit to set aside compromise decree on ground that compromise was not lawful - Locus standi - Compromise decree cannot be reopened at instance of a person who was not party to compromise - His suit, held, not maintainable...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Not permissible - Once the suit is decided by the trial Court after contest by the parties and findings recorded on issues arising between them, the plaintiff cannot, as a mater of course, withdraw his suit at the stage of appeal...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit in appeal - Once suit decided by trial Court after contest - Plaintiff cannot as a matter of course withdraw his suit at the stage of appeal - Words 'at any time after the institution of suit' in Order 23 Rule 1 - Apply to a suit in trial Court and not thereafter - Findings recorded in the suit on issues..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - Eviction petition - Decreed by consent on ground of sub-letting - Contention of sub-tenant rejected that no further evidence was required to prove that eviction order was the outcome of collusion and fraud perpetrated by landlord and main tenant...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Cannot be allowed as a matter of course but has to be allowed rarely only when a strong case is made out - The rights which have come to be vested in parties to the suit under the decree cannot be taken away by withdrawal of suit at that stage unless very strong reasons are shown that..........
