Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file a fresh suit on the same cause of action - Suit for mere declaration filed without seeking further relief of possession - Suit was likely to be dismissed as plaintiff was not in possession - Prayer cannot be declined on the ground that relief of possession was not initially sought and..........
Civil Procedure Code, 1908, Section 176, 346, Order 23, Rule 3, 3A - - Compromise decree - Challenge to - Remedies available - Held, parties to a compromise if allege it to be an outcome of fraud, misrepresentation or duress have to approach the very same court itself for setting aside the same - Regular appeal assailing the judgment and decree of partition passed on..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - There is no total bar to widen the scope of consent terms - It may cover other subjects or relief though not part of the suit - Court while passing the consent terms/decree needs to consider the relevant laws and once satisfied, Court is empowered to pass consent decree on all issues and/or subjects which may..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Demolition of property by purchaser - Tenant filing civil suit for permanent injunction - Suit rightly filed in civil court - Compromise between parties that tenant would deliver vacant possession of shop and he would be allotted newly constructed shop - Decree drawn accordingly - New premises not allotted to tenant -..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Application for withdrawal with liberty to file fresh suit - Plaintiff specifically made a prayer in application that permission may be granted with liberty to file a fresh suit - Trial court has partly allowed application of plaintiff - Permission to withdraw suit was given - Liberty to file fresh suit was not accorded -..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Plaintiff made an endorsement on plaint of former suit praying for dismissal of suit as withdrawn with liberty to file a fresh suit stating that actual value of property was more than upper limit of pecuniary jurisdiction of court in which said suit was filed and that plaintiff wanted to file a fresh suit..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2-A, Civil Procedure Code, 1908, Section , Order 23, Rule 3, Civil Procedure Code, 1908, Section , Order 43, Rule 1-A -- Undertaking given in terms of temporary injunction - Suit withdrawn - Without getting the suit restored, undertaking given cannot be enforced...........
Civil Procedure Code, 1908, Order 32, Rule 7, Civil Procedure Code, 1908, Section , Order 23, Rule 3 -- Compromise decree - Minor plaintiff - Compromise of suit by guardian on behalf of minor - Validity of - No right of pre-emption vested in defendant/co-sharer - Compromise by guardian in callous manner ignorant of fact that no right of pre-emption existed in favour of..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Section , Order 12, Rule 6 -- Compromise or consent decree - A judgment or decree passed as a result of consensus arrived at before Court, cannot always be said to be one passed on compromise or settlement and adjustment - It may, at time, be also a judgment on admission...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Counsel made statement giving concession to opposite party, on behalf of his party - Decree passed on basis of such statement - Party contended that counsel made statement without obtaining instructions - But no material to substantiate this contention - Held, though counsel is not debarred from making statement on behalf of..........
