Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 43, Rule 1A -- Compromise decree - Challenge to - Remedies available - Held, only remedy available to a party who seeks to challenge a decree on the ground that compromise on which it was based was void or voidable and therefore, unlawful, is either to go back to Court which had passed..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 43, Rule 1A -- Compromise decree - Relief barred by limitation - Challenge to - Plaintiff is seeking a declaration by way of filing a separate suit that compromise decree passed is null and void - Held, declaration sought by plaintiff cannot be granted in an independent suit - Remedy open..........
Civil Procedure Code, 1908, Section 47 -- Execution - Prayer in the application to declare the decree as null and void - Held, executing Court cannot declare the decree as null and void as it cannot go beyond the scope of the decree - Even the validity of execution proceedings cannot be assailed before the Court which executed the decree...........
Civil Procedure Code, 1908, Section 2(2), 47 -- Decree - Null and void - A decree could be said to be null and void only when the decree is made by a Court which has no inherent jurisdiction to make it - Inherent lack of jurisdiction must appear on the face of the record - Where the objection as to jurisdiction of the Court to pass the decree does not appear on the face..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise - Fraud - Interim order - Challenge to - Held, civil Court has jurisdiction in exercise of powers U.O.23.R.3 r/w Rule 3-A CPC to consider if compromise on the basis of which decree is based is not lawful - It is settled principle of law that fraud vitiates all proceedings - Any order obtained by playing fraud..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Suit against person of unsound mind - Decree passed by Court below without conducting enquiry or without appointing guardian for defendant and without defendant himself filing any written statement or participating in trial - Held, decree against lunatic without guardian being appointed to represent such lunatic, is a..........
Agreement to sell -- Refund of earnest money - Interest - Agreement discovered to be void - Amount of earnest money ordered to be refunded with interest at the rate of 12% per annum from date of payment to date of decree and further interest at the rate of 6% per annum thereafter...........
Civil Procedure Code, 1908, Section 47, Order 26, Rule 9 -- Ex-parte decree - Execution of - Appointment of Commissioner for fixation of boundaries - Not a case the decree is void or inexecutable - Held, refusal to appoint Survey Commission on ground that detailed enquiry regarding fixation of boundary cannot be carried out in execution proceedings, improper - Executing..........
Civil Procedure Code, 1908, Section 51 -- Inexecutability of decree - Inexecutability of decree arises, if the decree is found null and void...........
Court Fees Act, 1870, Section 7, Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit for declaration, possession and injunction - Court fees - Prayer made in suit that sale deed be declared as void and also for a decree of possession - Even if plaintiff was not party to transaction, he has to put valuation of suit property - Therefore order of Court rejecting plaint and..........
