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 23, Rule 3 -- Compromise decree - Duty of Court - Held, Court must insist upon the parties to reduce the terms of compromise in writing and further it should be signed by the parties so as to make a complete agreement in terms of the Contract Act capable of being enforced by a court of law - Compromise must be signed by the parties and..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - One of the defendants signed the compromise - Does not express the consent of other defendants - Compromise denied by other defendants - Compromise decree passed on the basis of consent of one defendant, set aside...........
Civil Procedure Code, 1908, Order 23, Rule 3 -..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Means - Settlement of differences by mutual consent...........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise - Alleged to be result of fraud - Party to approach the same Court...........
Civil Procedure Code, 1908, Section 9, Order 23, Rule 3-A -- Compromise decree - Passed by Revenue Court - Challenged to be fraudulent - When allegations of fraud are levelled then it has overtones of criminality - Such a decree can only be challenged in a Court constituted under the Code of Civil Procedure...........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Passed by Revenue Court - Challenged to be fraudulent - Can be challenged in civil Court - O.23.R.3-A CPC does not bar the institution of a suit before the civil court in regard to decrees or orders passed in suit and/or proceedings under different statutes before a Court, tribunal or authority of..........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Challenged to be fraudulent, inoperative and not binding - Can be challenged before the same Court that recorded the compromise and a fresh suit for setting aside compromise decree is barred - Compromise decree based on a fraudulent compromise falls under O.23.R.3-A CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Setting aside - Person taking benefit of the compromise cannot be permitted to wriggle out of it...........
