Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise - Fraud - Petitioner had right to file recall application in case order was obtained on basis of compromise by practicing fraud and compromise application was not filed by him...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Can be passed even if subject matter of agreement, compromise or satisfaction is not the same as subject matter of suit in terms of provisions of O.23.R.3 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - Challenge as to - Consent decree would not serve as an estoppel, where compromise was vitiated by fraud, misrepresentation or mistake...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - Clerical or arithmetical errors - Supreme Court in exercise of its inherent powers may unilaterally rectify a consent decree suffering from clerical or arithmetical errors, so as to make it conform with terms of compromise...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - Where there is inconsistency in extract of consent decree, which is error on face of record as such same can be corrected by exercising inherent jurisdiction of Court, to bring it in conformity with intended compromise...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Statement made by a party or by his counsel towards compromise which is taken down in writing is as good as a written compromise and would satisfy requirements of O.23.R.3 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Very purpose of incorporating that a compromise should be in writing was to ensure that everything is there in black-and-white and that there is no ambiguity in respect of terms of compromise so that either of party does not turn round at a later stage to back out on some terms or tries to misinterpret some terms..........
Civil Procedure Code, 1908, Order 23, Rule 3, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Compromise - Eviction suit - Written statement by landlords and his counsel in collusion with tenant`s counsel in Court - Plea of recording of statement by allurement and collusion by tenant`s counsel - There is nothing to show that petitioner had ever filed..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise during pendency of appeal - Issue which is subject matter of appeal amicably settled between parties - Compromise deed entered into in between parties, appended with application - Appeal disposed of in terms of compromise...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Partition suit - Parties entered into compromise - One party relinquished her share in subject matter of suit by receiving some amount - Said relinquishment is taken on record - Parties have agreed to share property as per said entitlement - Suit rightly decreed in terms of compromise...........
