Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendant as plaintiff - Plaintiff not abandoned or withdrawn the suit - There is no question of transposition of defendant as plaintiff - However, if at any stage, plaintiff seeks to withdraw or abandon the claim or is not conducting the suit further, then at that stage, it will be open for trial Court to..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - O.23.R.3 CPC requires that compromise should be in writing and signed by parties - Mere statements of parties before Court about said compromise cannot satisfy the requirements of O.23.R.3 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Challenge as to - Compromise can only be questioned before Court which has passed the compromise decree and fresh suit for setting aside compromise decree is clearly barred in view of provisions contained U.O.23.R.3-A CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Suit cannot be disposed of merely on basis of compromise arrived at between some of parties, without consent of remaining parties...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file a fresh one - Trial Court while allowing application has not recorded satisfaction that suit filed by plaintiff must fail by reason of some formal defect - There is also no finding that there are sufficient grounds for allowing plaintiff to institute a fresh suit - After a passage of..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Simpliciter withdrawal of suit without liberty to file a fresh suit - There was no reason for Court to deny withdrawal - Plea that suit should not have been allowed to be withdrawn without notice to them deserves to be rejected...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Recall of - Defendant entered into settlement with plaintiff on the basis of GPA on behalf of his siblings and himself - None of siblings of defendant challenged the factum of execution of GPA - However, their allegations are that defendant had betrayed them and got GPA executed under wrong influence -..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - Suit inadvertently filed in the name of business entity - Suit should have been filed in the name of person in whose favour lease deed was executed - There was no privity of contract between said business entity and defendant - Plaintiff..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise Decree - Challenge as to - In two similar proceedings undertaken by two sets of brothers, two compromise decrees were passed and two sets of brothers received the lands in their favour - Once petitioners have reaped fruits of a decree passed on similar footings, then they cannot challenge the same on the technical..........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Execution - Objections - Compromise decree - Compromise underwent procedural delays due to various adjournments and subsequent loss of original compromise - However, fresh compromise application identical to original was submitted and verified by trial Court fulfilling all the requirements of O.23.R.3 CPC - Terms..........
