Civil Procedure Code, 1908, Section 11 -- Res judicata - Compromise decree - Earlier suit was withdrawn as compromise arrived at between parties - For applying principle of res judicata lis should have been decided on merits - Since there was no judgment on merits, trial Court committed no error in rejecting application u/s 11 CPC - Subsequent suit not barred u/s 11 CPC...........
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 41, Rule 27 -- Additional evidence at appellate stage - Memorandum of oral gift sought to be produced by way of additional evidence - Document not filed in suit, though suit remained pending for about 18 years - Entire case of defendant is based on alleged oral gift and memorandum of gift executing in writing - Defendant thus, have full..........
Civil Procedure Code, 1908, Section 115 -- Revision - Order of appointment of arbitrator - Reversed in appeal - Revisional thereagainst - Revision thereagainst not maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at appellate stage - Suit for specific performance - Amendment of plaint sought to insert phraseology of readiness and willingness - Plaintiff sought leave to amend plaint only when ground to that effect was taken in first appeal by defendant - Held, it was too late in the day for plaintiff to fill up such..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Hearing of second appeal is open for any other substantial question of law, even if not formulated earlier, only in exceptional cases and for strong and convincing reasons, to be specifically recorded by High Court...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - High Court exceeded scope of review jurisdiction as if it was sitting in appeal over earlier judgment - To justify exercise of review jurisdiction, error must be self evident - Even assuming that there was no correct appreciation of facts and law in challenge to decision in earlier judgment, parties could be left to..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Legal representative - Once estate of deceased party is sufficiently represented, there is no question of any abatement...........
Criminal Procedure Code, 1973, Section 320 -- Compromise - Non-compoundable offence - Where dispute between parties predominantly or overwhelming seems to be of a civil nature and dispute is a private one between two private parties, even though offences alleged are no, compoundable, offences can be compounded...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 468, 120B -- Quashing of proceedings - Offence u/ss 406, 468, 120-B IPC - Parties settled the dispute amicably - Dispute is of civil in nature - Accused paid the amount of Rs.10 lakhs as agreed between parties - Complainant had no objection if offences are compounded - Proceedings quashed...........
