Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Until Court records compromise it has no validity - At the most, parties who resile from the alleged compromise, can be subjected to cross examination regarding such compromise...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 1 -- Rejection of plaint - Earlier suit dismissed as withdrawn - Second suit on the same cause of action is barred by O.23.R.1(4) CPC - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23 -- Rejection of plaint - Compromise between parties - Instead of filing application U.O.23, applicants filed application for rejection of plaint U.O.7.R.11 CPC - Trial Court rejected said application on technical grounds that it should have been filed U.O.23 - Held, if Court has any..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit - Restoration - Withdrawal of suit by a person having no authority to withdraw the suit - Suit withdrawn by playing fraud with plaintiff as well as with Court - Withdrawal of suit null and void ab initio - Held, when there was no valid withdrawal of suit, restoration application is maintainable..........
Constitution of India, 1950, Article 226, Civil Procedure Code, 1908, Section 11, Order 23, Rule 1, Civil Procedure Code, 1908, Order 2, Rule 2 -- Res judicata - Applicability - Writ petition - Person invoking writ jurisdiction himself admitted that he had earlier filed suit which was withdrawn - Invoking writ jurisdiction of Court for same cause of action - Held, barred..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Appeal is continuation of suit - Appellate Court is competent to grant permission to withdraw suit...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(a) -- Withdrawal of suit - Formal defect - Meaning - Defects which does affect the merits of the case cannot be considered as a `formal defect'...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Formal defect - Property of defendant shown as property of plaintiff - Said defect is not a `formal defect'...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with permission to file fresh suit on the same cause of action - Permission cannot be granted on the mere asking - Permission can be granted only if trial Court was satisfied that suit must fail by reason of some formal defect or that there are sufficient grounds for allowing the plaintiff to institute..........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 1, Rule 8(4) -- Withdrawal of suit - Representative suit filed U.O.1.R.8(4) CPC - Court cannot permit withdrawal of suit without giving notice of application to all the persons interested in the suit - Order allowing withdrawal of suit without complying with the mandatory provision set aside...........
