Partition -- Second Suit for partition - Maintainability - Party to a partition suit guilty of any conduct amounting to fraud which would render the previous partition ineffective & invalid - Subsequent suit for partition maintainable...........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Solely against co-defendants is not maintainable - Counter claim has necessarily to be directed against plaintiff, though incidentally or along with it, it may also claim relief against co-defendants in the suit - Counter claim solely against co-defendants is not maintainable - By filing counter-claim a suit..........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Based on a different cause of action than put in suit by plaintiff is maintainable...........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim - Against whom maintainable - A counter claim necessarily has to be directed against the plaintiff in the suit - Incidentally or alongwith it, in counter claim relief against co-defendants in the suit may also be claimed...........
Civil Procedure Code, 1908, Order 8, Rule 6-A -- Counter claim against co-defendant - Counter claim solely directed against co-defendant not maintainable - By filling counter claim against co-defendant, the litigation cannot be converted into any sort of inter-pleader suit...........
Civil Procedure Code, 1908, Order 43, Rule 1-A(2) -- Appeal against decree passed in suit after recording compromise or refusing to record compromise - Suit for declaration by sons challenging sale deed executed by their father - Compromise entered by one of son with vendee - Suit withdrawn on the statement made by said son on his behalf and on behalf of another son -..........
Civil Procedure Code, 1908, Section 47 -- Separate suit that decree was obtained by fraud or that decree is nullity and is inexecutable is maintainable...........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 1 -- Suit for permanent injunction - Compromise - Decree passed on the basis of terms of settlement - Mutation refused by Revenue Authorities on the ground that by consent decree, right, title and interest of respondent is not declared - Second suit for declaration - Not maintainable in view of S.47 CPC - Though..........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Suit for permanent injunction - Compromise between parties - Consent decree passed on the basis of compromise - Mutation not sanctioned by Revenue Authorities on the plea that right, title or interest not declared by consent decree - Second suit for declaration claiming one relief inconsistent to consent decree...........
Civil Procedure Code, 1908, Section 96, 100 -- Appeal by one defendant against another - Suit filed by plaintiff dismissed - After dismissal of suit filed by plaintiff an appeal by one of the defendant against another defendant is not maintainable...........
