Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - For decreeing suit in terms of compromise Court must observe the requirements of law as contained under O.23.R.3 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - In appeal - Suit dismissed as not maintainable - Appeal not to be allowed in terms of compromise unless the suit is held to be maintainable particularly in the circumstances when petitioner is throughout denying his signatures on the compromise...........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 3 -- Agreement to sell - Suit for permanent injunction filed - Application for temporary injunction dismissed on ground that alternative remedy of suit for specific performance is available - Suit for specific performance filed - Withdrawal of suit for injunction allowed on payment of..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Not binding on such defendants who are not parties thereto...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - A consent decree is merely an agreement between the parties with the seal of the Court superadded to it...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Binding only when it is signed by the parties or by their counsel or both failing which O.23.R.3 CPC does not apply...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Ratification - If ratification is to be done, all should be parties thereto...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Ratification - If Court had no jurisdiction to accept the compromise in defiance of the mandatory provision contained in O.23.R.3 CPC the question of invoking the doctrine of ratification does not arise - The doctrine of ratification may be applicable in the realm of private law regime but not for the purpose of..........
Civil Procedure Code, 1908, Order 23, Rule 3, Limitation Act, 1963, Article 123 -- Compromise - If accepted in absence of all the parties, the same would be void - However in case it has resulted in grant of a decree then decree based on compromise is required to be set aside - The compromise may be void or voidable but it is required to be set aside by filing a suit..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - Setting aside - Remedy available is to approach the Court which passed the consent decree...........
