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Showing posts with label separate suit. Show all posts
Showing posts with label separate suit. Show all posts
Sunday, 20 February 2022

Is the application for plaint of rejection is maintainable if the separate suit is filed challenging the consent decree?

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  10.3 In the case of Ram Singh v. Gram Panchayat Mehal Kalan, (1986) 4  SCC 364, this Court has observed and held that when the suit is bar...
Saturday, 14 December 2019

Under which circumstances separate suit for possession will be barred if third party is dispossessed in execution of decree?

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The next limb of the argument based on Rule 99 to Rule 101 of Order 21 C.P.C., is that in a situation contemplated by Order 21, Rule 99, C...
Saturday, 3 August 2019

Whether Validity of decree passed on compromise can be challenged by a separate suit?

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Therefore, the only remedy available to a party to a consent decree to avoid such consent decree, is to approach the court which recorded ...
Saturday, 2 December 2017

Whether it is necessary to file separate suit for setting aside compromise decree on ground of fraud?

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The seminal question that hinges for consideration is what is the remedy available to the party aggrieved when a question relating to law...
Monday, 5 September 2016

Whether separate suit is maintainable for setting aside compromise decree?

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The provisions of Order XXIII Rule 3­A of the Code specifically bar the filing of a suit for setting aside a decree on the ground that th...
Sunday, 7 August 2016

When it is necessary to file separate suit for getting future mesne profits?

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Though a prayer for future mesne profits need not and cannot be asked for in the plaint itself and such a relief can be sought by way of a...
Saturday, 18 May 2013

Whether Stranger to compromise decree can file separate suit to challenge compromise decree?

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A stranger to the suit is obviously a stranger to the agreement of compromise. He cannot file an application either in the suit or in the ...