Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3 -- A-Application to recall order passed on compromise on allegations of fraud and misrepresentation - Not within purview of Section 151 to examine merit and demerit of rival contentions - Compromise entered into by committing fraud or misrepresentation is a voidable act and not void ab initio - Till these..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3-A -- Expression 'lawful agreement or compromise' in Rule 3 - By lawful, it means not contrary to law, public policy or void ab initio or unlawful - Cannot include grounds like fraud, undue influence, coercion, by which decree can be avoided, treating it as voidable - Till it is avoided and displaced - Can be treated as lawful..........
Civil Procedure Code, 1908, Section 11, Order 23, Rule 1 -- Consent decree - Is binding upon the parties as a decree passed after contest if the same is not vitiated by fraud, misrepresentation, misunderstanding or mistake - Such a decree has the binding force of res judicata. (1992 Civil Court Cases 73 (SC) followed.)..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- `In writing and signed by the party' - Includes counsel and agent of the party - Counsel has the power to enter into compromise - This power has not been curtailed by any amendment in C.P.C. - Consent decree is binding on the parties if the same has not been vitiated by fraud, misrepresentation, misunderstanding or mistake...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Expression 'in writing and signed by the party' - Also includes counsel and agent of party...........
Civil Procedure Code, 1908, Section 115, Order 23, Rule 1 -- Revision against dismissal of appeal compromised through counsel - Not maintainable...........
Civil Procedure Code, 1908, Section 11, Order 23, Rule 1 -- Re - agitating of issue compromised through counsel - Barred both under Section 11 as also under Section 115 Evidence Act...........
Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Challenged as obtained by fraud and misrepresentation and that plaintiff never appeared before the Court at the time of passing of the decree and somebody else has allegedly made a statement on his behalf - Suit cannot be decided on the basis of preliminary..........
Civil Procedure Code, 1908, Order 23, Rule 1, 3, 5 -- Joint suit - Withdrawal - Consent of co-plaintiff - Application not to be allowed in absence of consent of other plaintiffs - In the instant case suit filed by the trust through its President and Secretary and by the persons holding those offices in their individual capacity as well - Application for withdrawal of suit..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- sub - rule (5) - Requires Court to ensure that withdrawal of suit is not allowed without the consent of other plaintiffs - More than one plaintiffs joined in filing of suit (on behalf of Trust by President and Secretary as also in their individual capacities) - Application by one of the plaintiffs and also being newly elected..........
