Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Bar contained U.O.23.R.3-A CPC shall not be applicable to a stranger to the compromise decree challenging the compromise decree provided he is not claiming any right through a party to the compromise decree...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Consent decree can be avoided by a party to a consent decree only through an application U.O.23.R.3-A CPC, whose consent has been obtained by coercion, undue influence, fraud, misrepresentation or mistake, as such consent cannot be termed as free consent and contract based on such consent becomes..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of subsequent suit - Partition suit - Earlier suit for partition was filed against father of plaintiff and a compromise decree was passed in such suit - However, plaintiff was not party to such suit and compromise in said suit was not recorded after complying with O.23.R.3-B CPC - Even, no share was..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of subsequent suit - Partition suit - Earlier suit for partition was filed against father of plaintiff and a compromise decree was passed in such suit - However, plaintiff was not party to such suit and compromise in said suit was not recorded after complying with O.23.R.3-B CPC - Even, no share was..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Compromise - Complainant an injured victim who was not a party to settlement agreement and nor was agreeable to such course of action - Order of quashing FIR set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief - Initially suit for partition and separate possession was filed - By way of amendment, relief of declaration of compromise decree being null and void also sought - It will certainly change the nature of suit - Amendment sought is impermissible...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief - Additional relief sought that compromise decree is null and void - Application filed after five years of passing the compromise decree - Limitation for challenging any decree is three years - A fresh suit to challenge the same may not be maintainable - In case amendment of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief - Additional relief sought that compromise decree is null and void - Such relief could not be claimed in the present suit as all the parties thereto are not before Court in the suit in question...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Plaintiff once having consciously entered into a compromise showing his inclination not to pursue the suit cannot question execution of the same and based on that cannot seek recall of the decree passed by Court...........
Criminal Procedure Code, 1973, Section 482, 320 -- Quashing of proceedings - Compromise - Non-compoundable offence - High Court has power to allow compounding of a non-compoundable offence and quash the prosecution u/s 482 Cr.P.C, where it feels that same is required to prevent abuse of process of law or otherwise to secure the ends of justice - Such power is not confined..........
