Civil Procedure Code, 1908, Section 96, Order 23, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1-A(2) -- Decree passed in a suit after recording a compromise - Decree can be challenged on the ground that the compromise should not have been recorded - S.96(3) is not a bar to an appeal under order 43 Rule 1-A(2) as S.96(3) is applicable to cases where the factum of..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - It is duty of Court to examine legality of compromise and also the fact as to whether it was signed by parties or their counsels - Order passed in suit on basis of such petition without examining aforesaid factors - Not an order in accordance with law...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3, 3-A, Civil Procedure Code, 1908, Order 43, Rule 1-A(2) -- Compromise - Order recording compromise in suit - Petition challenging it - Can be filed under S.151 - Such petition has to be decided by same court which has passed order recording compromise - Appeal against such order can also be filed under S.96(1) in..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Counsel is entitled to enter into a compromise - Separate application is not necessary...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Court cannot refuse to pass a decree as per the compromise on the ground that it is too favourable to one of the parties...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Court has to refuse to record a compromise when it is either void or voidable...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise vitiated by fraud, undue influence or coercion - Decree passed - Remedy - Either by filing separate suit or by making an application u/s 151 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Suit to challenge a compromise on grounds of fraud, coercion or undue influence is not barred...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Must be in writing and signed by parties - If it is not signed by parties, it cannot be made basis of a compromise decree...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Provisions of 0.23.R.3.- Applicable to appeals also...........
