Civil Procedure Code, 1908, Section 47 -- Compromise in appeal against eviction order - Son of tenant who was not party to eviction petition, was to remain in possession for 10 years and in case of failure to vacate, landlord to file execution - Son of tenant resiled from the undertaking as such execution filed - Executing Court allowing landlords' petition - High Court..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Challenged - No stay operating not to comply with the order - Mere pendency of an application will not give a right to the respondent to stay the order passed by a Court of competent jurisdiction...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- `Any person bound by the decree' - Eviction decree - Compromise decree on basis of compromise between landlord and one `S' held valid upto Supreme Court - School coming in possession over the disputed premises only on the basis of tenancy rights of `S' and thus School has no independent right or interest - Decree is binding..........
Partnership Act, 1932, Section 18, 19 -- Firm dissolved - Implied authority of a partner does not empower him to compromise or relinquish any claim or portion of a claim by the firm unless there is usage or custom of trade to the contrary - If any payment is made the same is in individual capacity - That would not bind the other partners...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3 -- A-Application to recall order passed on compromise on allegations of fraud and misrepresentation - Not within purview of Section 151 to examine merit and demerit of rival contentions - Compromise entered into by committing fraud or misrepresentation is a voidable act and not void ab initio - Till these..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3-A -- Expression 'lawful agreement or compromise' in Rule 3 - By lawful, it means not contrary to law, public policy or void ab initio or unlawful - Cannot include grounds like fraud, undue influence, coercion, by which decree can be avoided, treating it as voidable - Till it is avoided and displaced - Can be treated as lawful..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- `In writing and signed by the party' - Includes counsel and agent of the party - Counsel has the power to enter into compromise - This power has not been curtailed by any amendment in C.P.C. - Consent decree is binding on the parties if the same has not been vitiated by fraud, misrepresentation, misunderstanding or mistake...........
Civil Procedure Code, 1908, Section 2(2) -- Compromise/consent decree - Binding on parties as a decree passed after contest - Compromise/consent decree has binding force of res judicata if same not vitiated by fraud, misrepresentation, misunderstanding or mistake - Consent decree or order based on statements of parties recorded in Court - Not required to be registered -..........
Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Challenged as obtained by fraud and misrepresentation and that plaintiff never appeared before the Court at the time of passing of the decree and somebody else has allegedly made a statement on his behalf - Suit cannot be decided on the basis of preliminary..........
Compromise decree -- Requires registration if creates right, title and interest in the immovable property for the first time...........
