Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Challenge as to - Compromise decree cannot be challenged by filing a fresh suit as there is a bar on filing a fresh suit challenging the consent decree on the ground of legality of compromise U.O.23.R.3-A CPC - Only remedy against a compromise decree is to file a recall application before the Court that..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Res judicata - Suit for declaration that compromise deed is null and void and for partition - Suit is barred U.O.2.R.2 CPC as it did not include all the properties which were part of their earlier suit - Even, suit is hit by principles of res judicata or by constructive res judicata as..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Title suit - Concurrent findings of trial Court as well as first appellate Court that plaintiff had right, title and interest over suit property - Findings of fact sans any perversity cannot be interfered with in second appellate stage - Suit rightly decreed - Second appeal dismissed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Convenience of wife has to be taken into consideration than that of inconvenience of husband in matrimonial proceedings...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Wife has been residing separately along with her child aged about 11 years at her parental house - Convenience of wife has to be taken into consideration than that of inconvenience of husband in matrimonial proceedings - Divorce case transferred to the place where wife is residing in her parental home..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession and permanent injunction - Courts below after proper appreciation of oral and documentary evidence have concurrently held that plaintiffs have failed to establish location and encroachment over their land - Demarcation reports relied upon by plaintiffs merely refers to certain parts of Survey..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings are not proof...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, recovery of possession, mesne profits and permanent injunction - Defendants had duly admitted title of plaintiff over suit land - Though defendant claimed that there was a gratification of land in his favour, but there is no evidence adduced in support thereof - Documents of title of plaintiff..........
Arbitration and Conciliation Act, 1996, Section 34, Insolvency and Bankruptcy Code, 2016, Section 31(1), Civil Procedure Code, 1908, Section 47 -- Objection against execution - Maintainability - Once a resolution plan is duly approved by the adjudicating authority under sub-section (1) of Section 31, all claims which are not part of the resolution plan shall stand..........
Arbitration and Conciliation Act, 1996, Section 34, Civil Procedure Code, 1908, Section 47 -- Objection against execution - Only a decree which is a nullity can be the subject matter of objection under Section 47 CPC and not one which is erroneous either in law or on facts - Objection to execution of an award under Section 47 CPC is not dependent or contingent upon filing..........
