Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 23, Rule 3, , Section 151, Limitation Act, 1963, Article 122 -- Compromise - Suit dismissed as withdrawn - Restoration of suit - Dismissal of suit as withdrawn is akin to dismissal of suit for want of prosecution - Limitation for filing application for restoration of such suit is 30 days...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Consent decree - Application u/s 151 CPC to set aside consent decree alleged to be the result of fraud - Application U.O.7.R.11 CPC to reject the application filed u/s 151 CPC - Plea taken that consent decree cannot be set aside u/s 151 CPC and that consent decree was granted..........
Compromise decree -- Setting aside - Compromise may be void or voidable, it is required to be set aside by filing a suit within period as permissible under law - Contention that a void decree can be challenged at any time or that law of limitation does not apply to challenge such a decree, has no merits...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief - Additional relief sought that compromise decree is null and void - Application filed after five years of passing the compromise decree - Limitation for challenging any decree is three years - A fresh suit to challenge the same may not be maintainable - In case amendment of..........
Limitation Act, 1963, Article 136 -- Execution of compromise decree - Limitation - Limitation period commences only with the decree becoming enforceable and capable of being executed and period of 12 years is computable from such date...........
Family settlement -- Consent decree or judgment on admission - Limitation to challenge decree - Decree passed on the basis of admission of oral family settlement in written statement and recording of statement of defendant on that basis - It is a judgment on admission and not a consent/compromise decree - Limitation to challenge decree starts to run from the date of..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Partition suit - Plaintiffs have assigned a reasonable cause that due to having talks of compromise between parties and being out of city, they could not appear for their evidence - Application for restoration was well within limitation from date of having knowledge of dismissal of..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for cancellation of sale deed executed on the basis of compromise decree - Suit is barred by limitation, as suit is filed after 3 years from accrual of cause of action...........
Limitation Act, 1963, Article 59 -- Limitation - Suit for setting aside compromise decree - Suit filed after three years from the date of accrual of cause of action in view of Art.59 of Act - Suit is barred by limitation...........
Civil Procedure Code, 1908, Order 32, Rule 3, 3A -- Minor - Compromise decree - Suit by minor after attaining majority for cancellation of compromise decree - Limitation - Suit filed after three years of attaining majority of minor - Since compromise decree was void as on the date of attaining majority of minor, limitation of six years for recovery of possession would..........
