Civil Procedure Code, 1908, Order 23, Rule 1 -- Consenting order - Suit allowed to be withdrawn as counsel for respondents is stated to have no objection if suit is permitted to be withdrawn - Held, this does not amount to express consent given by the party as, such an expression of passive silence does not amount to according consent...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit at appellate stage - Can be allowed only if 'sufficient ground' is shown warranting such a permission...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Eviction petition - Conceding ground of eviction and seeking time by counsel in a statement - Cannot be termed as compromise...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Leave obtained to withdraw suit with permission to file fresh suit on the same cause of action and on the same subject matter - Not open to plaintiff to file second suit with totally different cause of action and different subject matter by impleading other parties...........
Civil Procedure Code, 1908, Order 23, Rule 1A, Civil Procedure Code, 1908, Order 1, Rule 10 -- Appeal - Transposing of respondent as appellant - Held, principles contained in O.23.R.1A and O.1.R.10 apply to the proceedings in appeal - A respondent in an appeal is entitled to seek himself to be transposed as an appellant, if he satisfies the conditions otherwise...........
Civil Procedure Code, 1908, Order 23, Rule 1A -- Appeal dismissed as withdrawn - Does not inhibit the right of the petitioner to apply for transposing himself to be appellant...........
Civil Procedure Code, 1908, Order 23, Rule 1A -- Defendant set ex parte - Once an application for transposition is allowed, it is not necessary to set aside the order declaring him ex parte...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3-A -- Consent decree - Res judicata - There is no res judicata in respect of a consent decree - However, compromise incorporated in a consent decree as long as it is valid, is binding on the parties - Provision of Order 23, Rule 3 CPC makes it abundantly clear that where it is proved to the satisfaction of the Court that there..........
Civil Procedure Code, 1908, Order 23, Rule 1(5) -- Withdrawal of suit - Several plaintiffs - Suit cannot be allowed to be withdrawn by one plaintiff without the consent of other plaintiffs...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1(5) -- Several plaintiffs - Suit allowed to be withdrawn by one plaintiff without the consent of other plaintiffs - Restoration application u/s 151 CPC by plaintiff not consenting to compromise is maintainable...........
