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Showing posts with label O 23 R 3 of CPC. Show all posts
Showing posts with label O 23 R 3 of CPC. Show all posts
Sunday, 15 September 2024

Supreme Court: The Court can not recognize compromise if it is not reduced in to writing & not Signed By Parties

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 During the pendency of appeal, on 22.08.1983 Mansha Ram and others executed a sale deed in favour of Kartar Chand, Sansar Chand and Rajinde...
Sunday, 19 November 2023

Under which circumstance Compromise between some of the parties in partition suit will become invalid and no valid decree can be passed based on said compromise?

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   The present case depicts as to how on February 27, 1991 the court recorded the alleged agreement and compromise in a casual manner. It ne...
Thursday, 14 September 2023

How Family Court dealing with matters of civil nature should draft a decree if there is compromise between the parties?

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The expression "suit" in Order XXIII Rule 3 CPC will have to be read as "suit or proceeding" in the context of a Family ...
Sunday, 2 April 2023

Can the court accept a compromise petition if the party has not given authority to his advocate to compromise the case through a special Vakalatnama?

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  The third question that arises for our consideration in context with the legality and validity of the settlement is whether the learned ad...

Can a court issue a partition decree with the consent of only some of the coparceners?

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  Indisputably, in the case on hand, the Plaintiff has not put her signature on the deed of settlement, which was produced before the High C...

Whether gift/renunciation/relinquishment or alienation by one coparcener of his undivided coparcenary interest to another coparcener without consent of other coparceners void?

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  Moreover, under Hindu Law, the gift/renunciation/relinquishment or alienation by one coparcener of his undivided coparcenary interest to a...

Can the court declare the compromise decree invalid if consideration for the alleged compromise was inadequate and there was variance between the agreement and compromise petition?

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  We shall now look into the circumstances, as highlighted by the learned Senior Counsel appearing for the Defendant No. 2, rendering the se...

Must the court entertaining a compromise petition examine whether the compromise was void or voidable under the Indian Contract Act?

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  When the amending Act introduced a proviso along with an explanation to Rule 3 of Order 23 saying that where it is alleged by one party an...

What is the duty of the court before accepting a compromise petition?

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  The present case depicts as to how on February 27, 1991 the court recorded the alleged agreement and compromise in a casual manner. It nee...

Whether the court should accept compromise petition if it is not signed by a party or his Advocate?

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   The learned Counsel appearing for the Respondent took a stand that the High Court was justified in taking the view that the suit had been...

Can the court refuse to vary a preliminary decree of partition in final decree proceedings if there is a change in law during those proceedings?

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The decision of Vineeta Sharma (supra) also highlights that a change in law during the pendency of an appeal must be considered and appropri...
Sunday, 6 February 2022

Whether the court can permit modification or alteration of consent decree?

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   A consent decree would not serve as an estoppel, where the compromise was vitiated by fraud, misrepresentation, or mistake. The Court in ...
Wednesday, 21 October 2020

Whether party can deny contents of compromise recorded by court?

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The aforesaid statements were recorded in a Court of law by a Judicial Officer who would have taken all care and caution before recording su...
Thursday, 7 May 2020

Supreme Court: Stranger is barred from challenging compromise decree by filing separate suit

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Finality of decisions is an underlying principle of all adjudicating forums. Thus, creation of further litigation should never be the...
Wednesday, 18 March 2020

Whether the court can allow the compromise of a suit if Advocates of parties only sign the compromise petition?

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We may, however, hasten to add that it will be prudent for counsel not to act on implied authority except when warranted by the exigency o...