Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Challenge as to - Suit challenging a compromise decree is wholly barred U.O.23.R.3-A CPC r/w O.23.R.3 Explanation CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Challenge as to - Question of lawfulness of compromise by invoking to O.23.R.3 explanation CPC, can only be examined by very Court before whom compromise agreement was presented and based upon which decree came to be passed...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Challenge as to - An appeal against compromise decree is not maintainable - In such eventuality, only mode available to a party to assail compromise is to invoke O.23.R.3 CPC, whereby lawfulness of compromise may be examined by Presiding Judge upon a recall application and issue whereafter shall be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil Court jurisdiction - Suit for cancellation of preliminary and final decree passed by Assistant Collector - Plaintiffs had a remedy to challenge said decree before Revenue Appellate Authority - However, instead of filing a appeal, they filed a suit regarding revenue land before civil Court -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Unless conclusions drawn by lower Court are erroneous being: (i) contrary to mandatory provisions of applicable law ; or (ii) contrary to law as pronounced by Apex Court; or (iii) based upon inadmissible evidence or no evidence, High Court cannot substitute its own opinion for that of first Appellate Court...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Ad interim injunction was in favour of plaintiff for almost 22 years from 2002 to 2024 - Suit has been now dismissed by trial Court - Order of status quo rightly passed pending appeal...........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Civil imprisonment - Money decree - Executing Court has no where recorded a finding that JD is possessed of sufficient means and is intentionally avoiding to pay decreetal amount - Unless and until, it is found that JD inspite of having been in possession of sufficient means is not intentionally paying decreetal..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of preliminary decree - Partition suit - Preliminary decree cannot be amended U.O.6.R.17 CPC unless a fresh preliminary decree is passed declaring augmented share - Once preliminary decree has attained finality and stage has progressed towards passing final decree, any claim for augmented share due to death of a..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Mere reason that earlier documents could not be placed on record as they inadvertently remained in brief of counsel, is no reason to invoke the provisions of O.7.R.14 CPC ...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Application was filed after about five opportunities were granted to parties to argue the case - Procedure cannot be misused by a party to delay adjudication of case or to fill up lacunae in the case - Application rightly dismissed...........
