Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - When a compromise is to be recorded and a decree is to be passed in terms thereof, O.23.R.3 CPC envisages that terms of compromise should be reduced into writing and signed by both the parties to suit...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Challenge as to - Suit challenging a compromise decree is wholly barred U.O.23.R.3-A CPC r/w O.23.R.3 Explanation CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Challenge as to - Question of lawfulness of compromise by invoking to O.23.R.3 explanation CPC, can only be examined by very Court before whom compromise agreement was presented and based upon which decree came to be passed...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Challenge as to - An appeal against compromise decree is not maintainable - In such eventuality, only mode available to a party to assail compromise is to invoke O.23.R.3 CPC, whereby lawfulness of compromise may be examined by Presiding Judge upon a recall application and issue whereafter shall be..........
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Code, 1908, Order 23, Rule 3, , Section 151, Limitation Act, 1963, Article 122 -- Compromise - Suit dismissed as withdrawn - Restoration of suit - Dismissal of suit as withdrawn is akin to dismissal of suit for want of prosecution - Limitation for filing application for restoration of such suit is 30 days...........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Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Suit dismissed as withdrawn - Seven plaintiff never contested this fact - Their silence over such a material issue for over two decades supports the inference of a concluded compromise - Unexplained delay of over two years by two applicants suggest that restoration..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Challenge thereto - Plaintiff failed to prove that compromise decree was result of any fraud or misrepresentation or that her thumb impressions were obtained on pretext of obtaining loan from bank - Since there was not any kind of fraud or misrepresentation to plaintiff, subsequent Court could not set..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - A party to the suit if denies that a lawful compromise ever took place then that party has to go back to trial Court and trial Court to decide validity of compromise...........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1A(2) -- Appeal - Compromise decree - A person who was not a party to the suit, but whose rights are hurt by a consent decree, may approach Appellate Court in a First Appeal u/s 96 CPC, but only after obtaining leave and in that appeal appellant may by virtue of O.43.R.1-A(2) CPC..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 23, Rule 3 -- Divorce by mutual consent - Compromise - Both the parties have amicably resolved and settled all pending cases and consideration has also been exchanged between them as per settlement agreement executed before Meditation and conciliation center - Settlement is bona fide and voluntary and..........
