Civil Procedure Code, 1908, Section 96, Order 23, Rule 3 -- Maintainability of appeal - Always open to a party to suit to contend that there has been no compromise or adjustment - Such denial if made - Court has to satisfy itself and decide said question - Court passed judgment and decree in tune with compromise while determining said question - Such judgment and decree..........
Civil Procedure Code, 1908, Order 6, Rule 4, Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise if disputed by either of the parties - Matter has to be decided in view of Proviso to Rule 3 of Order 23 - Court has only to decide as to whether there has been any compromise or adjustment - Question of pleading details of fraud as required under Order 6 Rule 4 - Does..........
Civil Procedure Code, 1908, Order 23, Rule 3A, 3 - - Compromise decree - Can be challenged on all grounds on which a contract can be challenged - Plaintiff if alleges that compromise arrived at between the parties is void or voidable as per provisions contained in Indian Contract Act - Suit is competent...........
Hindu Marriage Act, 1955, Section 13B -- Conversion of petition u/s 13 to S.13-B - Parties resolved all issues regarding dowry, Stridhan etc. - No likelihood of any compromise/reconciliation between the parties - Petition allowed by granting decree of divorce by mutual consent...........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Mutation of change of ownership on the basis of Civil Court decree - Compromise decree presented to Revenue functionaries after 7 years and that too after death of judgment - debtor - No explanation as to why two earlier compromise decrees not presented for attestation of mutation regarding change of ownership - Highly..........
Punjab Land Revenue Act, Section 34, 35, 36, 37 -- Mutation of inheritance - Claim based on compromise decree of 7 years earlier regarding change of ownership presented after death of owner - To be ignored - Alleged registered Will - Not propounded - Mutation of inheritance should be sanctioned in favour of all the natural heirs...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Stay of execution of decree - Valid award passed under the provisions of Forest Act - Civil Court set aside award on compromise between the owner of the land and the Conservator of Forest who had no authority from the State Government - State filing a suit for declaration to set aside the compromise..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Application not signed by all the parties - Compromise could not have been recorded - Withdrawal of the application - Plaintiff would certainly be entitled to explain the circumstances under which the alleged compromise was arrived at...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Compromise neither in writing nor signed by the parties - The order in which the respective submission of the parties in relation to the compromise is recorded, is not sufficient...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Object is to ensure that dispute reaches its finality but when compromise is contingent upon action by mediator, dispute cannot be said to have received finality - It cannot be recorded U.O.23.R.3 CPC...........
