Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 41, Rule 1M -- Compromise - Effected in Court - Parties making statements and signing them - No appeal lies under Order 43 Rule 1-M - Passing of formal order that compromise be recorded - Not necessary - Parties when disputing factum of compromise - Order by Court that either compromise be..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Appeal - Compromise signed by counsel of respondent - Counsel duly authorised - Compromise is binding on the respondent...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Enquiry under the rule envisages two questions being examined, that is - (1) (a) whether there has been adjustment or compromise; (b) whether such adjustment or compromise of lawful and challenge on ground of undue influence, fraud, or misrepresentation make an agreement voidable and hot void and when a compromise is..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Divorce application withdrawn with liberty to file fresh application - Fresh application not barred...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Decree by consent is a judicial and not ministerial act. Recording of compromise is not purely a formal matter but a question of substance...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- An order which incorporates the terms of the compromise between the parties but runs counter to the public policy as envisaged in the statue, is void and can be challenged in collateral proceedings...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Non compliance with the rule - Too much insistence on technical provisions of a procedural law can at time lead to absurd results and cause injustice to parties - When non compliance renders the decree a nullity - AIR 1965 Calcutta 562 followed wherein held that `The provisions of sub-rule 3 of R.4 of O.32 are mandatory and a..........
Civil Procedure Code, 1908, Order 23, Rule 1(2) -- Withdrawal of suit allowed - Permission to file fresh suit rejected - Order not valid...........
Civil Procedure Code, 1908, Section 152, Order 23, Rule 1 -- Appeal withdrawn - Amendment of judgment and decree - Application lies to trial court...........
Civil Procedure Code, 1908, Section 100, 101, Order 23, Rule 3 -- Whether compromise in fact reached between the parties - Is a question of fact - Finding of lower appellate court is final...........
