Civil Procedure Code, 1908, Order 23, Rule 3, Evidence Act, 1872, Section 102 -- Compromise - Fraud - Burden to prove that compromise arrived at U.O.23.R.3 CPC was tainted by fraud lies upon party who alleges the same - His mere assertion in pleadings before Court is no substitute for proof of vitiating circumstances...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Proviso, O.47.R.1 - Compromise decree - Setting aside - Matrimonial dispute - Wife filed application U.O.47.R.1 CPC for setting aside compromise decree - She missed the true remedy U.O.23.R.3 Proviso CPC - Jurisdiction of Court U.O.23.R.3 Proviso CPC is wider in scope and application than under review which is confined only..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Proviso - Compromise through power of attorney - Validity - Matrimonial dispute - Lack of acceptance of talaq - Wife contended that power of attorney holder accepted `talaq' pronounced by husband on her behalf - However, nothing on record to disclose that wife was ignorant of talaq pronounced by husband and also there is no..........
Civil Procedure Code, 1908, Order 23, Rule 3 - - Compromise through power of attorney - Validity - Fraud and misrepresentation - Matrimonial dispute - Circumstances if any supporting allegations of fraud and misrepresentation were not brought on record by any evidence by wife - Wife alleges that compromise was formulated in such a manner as to make out that none of her..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Rejection of plaint - Withdrawal of earlier suit, in between parties, by unconditionally admitting title and possession of defendant on suit land - Said acknowledgment/admission was not conditional - It was not even mentioned in the application that a compromise has been..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Compromise can also be beyond subject matter of suit...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise during pendency of second appeal - Appeal decided in terms of compromise - Compromise challenged by one of the parties - High Court dismissed application - In appeal thereagainst Supreme Court remitted the matter for fresh consideration and to decide question of consideration of compromise - High Court without..........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Execution - Objections - Compromise decree - Suit for redemption of mortgage and recovery of possession - JD contended that compromise decree cannot be executed being unregistered and passed by Court lacking pecuniary jurisdiction - However, no such allegations are forthcoming nor discernible from the order -..........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Execution - Objections - Compromise decree - In order to thwart execution of compromise decree, JD is required to make out a case that compromise decree is vitiated by fraud, misrepresentation, misunderstanding or mistake...........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Compromise decree - Objection as to its executability/execution - Compromise decree is enforceable by levying of execution as contemplated U.O.23.R.3 CPC, particularly when both the parties on mutual consent had agreed that compromise decree would be executable on its no, implementation of terms and conditions of..........
