Civil Procedure Code, 1908, Order 21, Rule 2 -- Adjustment - Not recorded within time - S.5 of Limitation Act is not applicable - Alleged compromise does not effect executability of the decree and execution is not liable to be struck off/dismissed on the basis of compromise...........
Civil Procedure Code, 1908, Section 96, Order 23, Rule 3A -- Compromise decree - Setting aside - Title suit for setting aside compromise decree on ground that compromise was not lawful - Suit is specifically barred under order 23 rule 3-A - Remedy is to challenge said decree by preferring an appeal u/s 96 PC...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiving of waiting period of six months - Trial Court in waiving this period statutorily required to be followed was that the parties have reached a compromise - Held, action of court in waiving of this period not legally justified - Decree of divorce set aside...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - In order to dispose of a suit on the basis of compromise between the parties, there must be a written agreement or compromise duly signed by the parties or their counsel before the Court, so that the Court passes a decree on the basis of that compromise...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Terms of settlement agreed between the counsel of parties during course of hearing recorded in the order and parties were to file a written agreement later on - Held, that the settlement arrived at between the parties during the course of hearing was only a tentative settlement and no decree can be passed unless..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3-A, 3-B -- Compromise decree - Not signed by all the parties - Same not lawful or valid - Compromise decree on that basis cannot be passed - Rights of defendant No.2 were in issue and in absence of his signing the compromise, no valid decree could have been passed on the basis of such compromise...........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Consent decree - Setting aside - Assailing compromise decree as invalid on account of exercise of fraud, coercion, misrepresentation and that compromise was unlawful and involuntary - Consent decree cannot be challenged by a separate suit - Remedy available is to approach the Court which passed the compromise decree - Held,..........
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...........
Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Compromise - Setting aside of - Appeal withdrawn on the basis of statement of parties - Application seeking recalling of the withdrawal order on the ground that compromise between parties not lawful - No written compromise created or presented before Court to record a compromise and pass a decree - Court simpliciter..........
