Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 3-A -- Return of plaint - Compromise decree - Separate suit to challenge compromise decree not maintainable - Question of return of plaint does not arise as a separate suit itself is not maintainable whether in the same Court or in any another Court - What is barred is a 'separate..........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Maintainability of separate suit to challenge compromise decree - Plea not taken - Held, Court can suo moto decide the question of jurisdiction even in the absence of such a plea...........
Consent decree -- Self acquired property - Locus standi to challenge - Consent decree suffered in favour of one son - Other son ignored - Decree challenged by widow and daughter of other son - Property being self acquired, owner had every right to deal with it in any manner - Neither the other son nor his legal heirs have any locus or claim with regard to self acquired..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent finding of Courts below that decree was obtained by fraud and misrepresentation - Not open to challenge in second appeal...........
Consent decree -- Challenge as to - Fee of Advocate engaged on behalf of defendant paid by plaintiff - Nothing unusual as the parties were consenting to the decree...........
Consent decree -- Challenge as to - Plaintiff (Defendant in the previous suit) sought to dispute the proceedings recorded in Court admitting the claim of plaintiff - Held, proceeding of the Court carry the presumption of correctness and the same cannot be permitted to be disputed, more so after long lapse of time...........
Consent decree -- Challenge as to - Plaintiff (Defendant in the previous suit) cannot wriggle out of the same by merely stating that he had agreed to suffer a consent decree in favour of all the sons of one `K' whereas the decree has been passed in favour of only two sons...........
Consent decree -- Challenge as to - Plaintiff (Defendant in the previous suit) in cultivating possession at the time of passing of decree - Beneficiaries of decree nephews - Plaintiff used to live with the defendants and the last rites also performed by defendants - Held, cultivation of land by plaintiff after the decree does not create doubt over the decree passed...........
Consent decree -- Challenge as to - Family settlement - Particulars not disclosed either in the previous suit or in the present suit - Defendants nephews of the deceased plaintiff - Being members of the family, defendants have a pre-existing right in the estate of plaintiff, particularly when plaintiff had no issue - Plaintiff dying issuless as such nephews are the nearest..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Challenge to execution of sale deed - Original suit for declaration of title and injunction - Said suit was withdrawn - No liberty to file fresh suit granted - Order allowing withdrawal cannot constitute a decree - It cannot debar the defendant from taking the defence in the second round of litigations..........
