Civil Procedure Code, 1908, Order 23, Rule 1, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Permission to withdraw with liberty to file fresh petition - Validity - No reasons are recorded by Family Court for permitting Respondent/husband to withdraw petition with liberty to file a fresh petition - Serious allegations are leveled against appellant/wife - Held,..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Dismissal of suit on merits as well non signing of plaint and vakalatnama by plaintiff Nos.3 & 4 - Defect of not signing plaint could be cured in accordance with law - Since the suit was decided on merits as such appellate court gravely erred in permitting plaintiff to withdraw suit..........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 23, Rule 3 -- Decree passed on the basis of statement of a party - Decree thus passed is different from the procedure contemplated U.O.23.R.3 CPC - If Court had recorded statement of a party and proceeds to render a judgment on the basis of such a statement, he cannot be permitted to resile..........
Civil Procedure Code, 1908, Order 23 -- Principles of abandonment - Applicability of - Writ petition - Unconditional withdrawal - Revival of impugned order - Effect of - Held, subsequent elections would not take away the impact of the withdrawal of writ petition - Once the order impugned in that writ petition stands then Assistant Registrar could not have proceeded to..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Lack of pleadings - By itself not a ground to seek leave of Court to withdrawal suit - Court has to consider whether lack of pleadings arose from discovery of a new important fact which was not within knowledge or could not be noticed, despite exercise of due diligence...........
Civil Procedure Code, 1908, Order 23 -- Compromise - Eviction - If compromise was genuine, Court is bound to order eviction as per terms of compromise...........
Civil Procedure Code, 1908, Order 23 -- Compromise - If compromise is not genuine or not valid being opposed to law, Court is required to dispose of issue regarding compromise at the first stage without adjourning case - However, if Court finds that compromise is genuine, it is bound to pass order in terms of compromise - It will be impermissible for Court to examine..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Signed by counsel on behalf of defendants No.2 to 6 - Vakalatnama in favour of Advocate reveals that Advocate was authorized to effect compromise also on behalf of the defendants - Compromise is a lawful compromise - Held, compromise is a valid compromise...........
Civil Procedure Code, 1908, Order 23 -- Withdrawal of suit - At appellate stage - On ground that suit property was not correctly described - Such defect does not fall within the purview of O.23.R.1(3) CPC - Application rightly rejected by lower appellate Court...........
Civil Procedure Code, 1908, Order 21, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3 -- Suit dismissed as withdrawn - Execution - If suit is decreed only then it can be put to execution and not when suit is dismissed as withdrawn...........
