Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3A -- Consent decree - Application u/s 151 CPC to set aside consent decree alleged to be the result of fraud - If compromise decree was tainted by fraud, misrepresentation or mistake then Court under its inherent powers u/s 151 CPC may rectify the decree for alterations/modification of the consent decree...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Consent decree - Application u/s 151 CPC to set aside consent decree alleged to be the result of fraud - Application U.O.7.R.11 CPC to reject the application filed u/s 151 CPC - Plea taken that consent decree cannot be set aside u/s 151 CPC and that consent decree was granted..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendants as plaintiffs can only be in the circumstances: (i) when plaintiff has withdrawn the suit or abandoned the suit and (ii) when defendant has substantial question of law to be decided against any other defendant...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Formal defect is sine qua non in order to invoke provision contained U.O.23.R.1 CPC - Term formal defect generally refers to a defect in form or procedure that does not impact the merits of the case...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Ground invoking the provision is that amount has been withdrawn by defendant no.4 - Defect so spelled out in the application does not fall within the ambit of expression formal defect - Order allowing application set aside - Suit restored...........
Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendant as plaintiff - Plaintiff not abandoned or withdrawn the suit - There is no question of transposition of defendant as plaintiff - However, if at any stage, plaintiff seeks to withdraw or abandon the claim or is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..........
