Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3A -- Consent decree - Application u/s 151 CPC to set aside consent decree alleged to be the result of fraud - If compromise decree was tainted by fraud, misrepresentation or mistake then Court under its inherent powers u/s 151 CPC may rectify the decree for alterations/modification of the consent decree...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Consent decree - Application u/s 151 CPC to set aside consent decree alleged to be the result of fraud - Application U.O.7.R.11 CPC to reject the application filed u/s 151 CPC - Plea taken that consent decree cannot be set aside u/s 151 CPC and that consent decree was granted..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - O.23.R.3 CPC requires that compromise should be in writing and signed by parties - Mere statements of parties before Court about said compromise cannot satisfy the requirements of O.23.R.3 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Suit cannot be disposed of merely on basis of compromise arrived at between some of parties, without consent of remaining parties...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise Decree - Challenge as to - In two similar proceedings undertaken by two sets of brothers, two compromise decrees were passed and two sets of brothers received the lands in their favour - Once petitioners have reaped fruits of a decree passed on similar footings, then they cannot challenge the same on the technical..........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Execution - Objections - Compromise decree - Compromise underwent procedural delays due to various adjournments and subsequent loss of original compromise - However, fresh compromise application identical to original was submitted and verified by trial Court fulfilling all the requirements of O.23.R.3 CPC - Terms..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - No decree can be passed when the agreement entered into in between the parties does not say how the suit is to be decided and what are the terms of compromise - If the suit is to be withdrawn, there shall be stipulation to that effect...........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Suit can either be disposed of as withdrawn or a compromise decree can be passed...........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 20, Rule 18(1) -- Partition suit - Parties resolved dispute qua some of the properties - Court to draw partial decree accordingly in view of the terms and conditions arrived at between parties - So far as remaining properties for which no settlement..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Challenge as to - Compromise decree which is vitiated by fraud, coercion or misrepresentation, undue influence or mistake can be recalled by same Court - Separate suit to challenge such decree is clearly barred by O.23.R.3-A CPC...........