Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Parties settled the matter amicably, amount received by respondents, possession given to appellants - Decree ordered to be passed in terms of compromise deed...........
Civil Procedure Code, 1908, Order 23, Rule 3, 4, Motor Vehicles Act, 1988, Section 166 -- Sanctity of recitals in Court proceedings - Claim petition before Tribunal on account of injury sustained in motor accident - Tribunal awarded compensation stating an order that it was with consent of parties, though nothing in writing about consent - In appeal before High Court,..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Liberty to file fresh suit - Application for amendment of suit dismissed on the ground that proposed amendment would completely change the nature of suit - Prayer to withdraw suit with liberty to file a comprehensive suit rejected by trial Court - Legality of - Held, having disallowed petitioner to claim..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit on compromise - Subsequent suit - Bar - Suit was withdrawn at the instance of respondents when a valid decree was already in favour of petitioner - Withdrawal was conditioned that the parties would act upon the compromise but said compromise was not implemented - Held, consequently, parties would be..........
Civil Procedure Code, 1908, Order 23, Rule 1(5), Civil Procedure Code, 1908, Section , Order 1, Rule 10(2) -- Joint suit - Withdrawal from - Suit for declaration and permanent injunction filed by two plaintiffs - Withdrawal of suit by one of the two plaintiffs without consent of other - Share which forms subject-matter of suit are in individual name of two plaintiffs but..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit without any condition or liberty - Restoration thereof - Legality of - Order passed by trial court dismissing suit as withdrawn by unilateral request of plaintiff - Counsel for defendant did not raise any objection for acceptance of request of plaintiff for withdrawal of suit - No condition for..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Compromise - No compromise/agreement can be recorded in representative suit, unless notice is given to all the interested persons - Decree passed on the basis of admission made by representatives - Said admission amounts to agreement or compromise - Hence,..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Not signed by one of the defendants - Cannot be enforced against a party to the proceedings who had not signed the same...........
Civil Procedure Code, 1908, Section 115, Order 23, Rule 1 -- Partition suit - Between mother and son - Memo for withdrawal of suit filed by plaintiff considering the welfare of her son - Court recorded memo and dismissed suit as withdrawn - Plaintiff challenged dismissal on grounds that her son had played fraud on her in filing aforesaid memo and her lower Court counsel..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Appellant's father himself had appeared and signed compromise application - Appeal against compromise decree is barred u/s 96(3) CPC - Under Order 43.R.1A(2) also the appeal is not maintainable...........
