Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 12, Rule 6 -- Compromise and consent decree - There is difference between a compromise decree and consent decree - A compromise between parties pre-supposes bilateral understanding - When a decree is passed based on admission in pleading or otherwise, provisions of O.12.R.6 CPC are attracted..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with permission to file fresh suit - Court can allow plaintiff to withdraw suit, when such suit is likely to fail by reason of some formal defect and continuous of trial, would be a farcical exercise...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with permission to file fresh suit - In case ingredients of O.23 are complied with, withdrawal of suit cannot be declined merely for the reason that ad interim injunction was declined...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Parties entering into settlement - Breach of settlement - Party aggrieved can enforce terms of settlement and can also seek further reliefs of interest or penalty or damages and so on - However, breach cannot revive an original cause of action which stands fused and settled by crystallizing various terms, as per settlement..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawing a suit and withdrawing from a suit - Distinction - When there is only one plaintiff and he withdraws the whole suit, it can be said that he withdraws the suit - However, when there are more than one plaintiff and one of them withdraws the suit, it can be said that he withdraws from suit...........
Civil Procedure Code, 1908, Section 35, Order 23, Rule 1 -- Withdrawal of suit - Costs - Plaintiff withdrawing suit is liable for such costs as Court may award - Court is empowered to pass an order only in respect of costs on withdrawal of suit by plaintiff...........
Civil Procedure Code, 1908, Section 35, Order 23, Rule 1 -- Withdrawal of eviction suit - Litigation costs - Respondent was a tenant and in arrears of rent - It therefore, cannot be said that tenant was sued without a cause - Since arrears of rent, interest and expenses to avoid eviction deposited by tenant as such no cause of action against tenant remained thereafter - No..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Setting aside - Remedy available is to approach the same Court which passed the compromise decree - Same cannot be done by separate suit which is barred in view of provisions of O.23.R.3-A CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of eviction petition - Liberty to file afresh petition - Technical defects - No factual averments made in support of fact that there are some technical defects in pleadings which cannot be cured by any other mends including amendment application - In the absence of the same, application of withdrawal of eviction..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of eviction petition with liberty to file a fresh one - Technical defects - No factual averments made in support of the fact that there are some factual defects in the pleadings - In the absence of any factual averments to that effect and merely at the asking of applicant, same cannot be accepted by Court as..........
