Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 -- Earlier two suits for joint possession dismissed as withdrawn with permission to file fresh on the same cause - Third suit on same cause for recovery of amount (land in the meantime having been acquired under Land Acquisition Act) based on title - Not barred by any principle of law..........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Compromise decree - Terms of compromise even if they relate to subject matters outside the scope of suit - Enforceable as part of decree...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Notice u/s 80 CPC not given to one of the defendants - Plaintiff also wanted to consolidate all claims in one suit to avoid multiplicity of litigation - Sufficient grounds to allow withdrawal of suit with liberty to file it afresh...........
Civil Procedure Code, 1908, Order 23, Rule 1(4), Civil Procedure Code, 1908, Order 7, Rule 10 -- Court having no jurisdiction - Plaint ordered to be returned to be presented in a Court of competent jurisdiction - Plaintiff instead of taking return of the plaint filed a fresh suit - Fresh suit is not barred - Earlier suit cannot be deemed to be pending - Moreoso a Court..........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 1 -- Court having no territorial jurisdiction - Plaint ordered to be returned for presentation before the proper Court - Instead of taking return of the plaint and presenting the same in the appropriate Court plaintiff filed second suit before proper Court - Fresh suit without taking..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Conditions precedent to bring bar constituted under Order 23 Rule 23 - A for rendering subsequent suit not maintainable : (i) there has to be a lawful compromise between the parties, (ii) compromise should be in writing and signed by the parties, (iii) such compromise should be recorded in the Court upon the statements of..........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Death of defendant before recording of evidence - Decree can be passed on admission in written statement under provisions of Order 12 Rule 6 - Provisions of Order 23 have no application - Bar to maintainability of suit under Order 23 Rule 3A - Not applicable...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Objection that suit barred under Order 23 Rule 3 - A not raised in written statement - Deemed to have been waived even if such objection available as participated in suit proceedings and even in appeal without raising said objection...........
Punjab Land Revenue Act, 1887, Section 116, 118, Civil Procedure Code, 1908, Order 23, Rule 3 -- Partition - Dispute about watercourse - Compromise between the parties - Written compromise necessary - Collector in appeal and Commissioner in revision referred to mutual compromise - No mutual compromise recorded as stated to have been reached - Order of partition set aside -..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Person not a party to compromise - Not bound by the compromise...........
