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Notwithstanding anything contained in rule 2 of Order XXIII of the Code of Civil Procedure ... granted by the court under rule 1 of that Order, where such permission is granted on the ground that
Central Government Act
same sub-
ject matter.
Civil Procedure Code, 1908: Order XXIII, Rule 1--Ap-
plicability of to cases of withdrawal ... writ petitions.
HEADNOTE:
Sub-rule (1) of rule 1, Order XXIII of the Code of Civil
Procedure ) permits a plaintiff
Supreme Court of India
SCALE (2)1338
ACT:
Civil Procedure Code, 1908: order XXIII Rule 3-
Settlement arrived at between parties in appeal-Compromise ... behalf of the appellant that
the requirements of order XXIII Rule 3 Civil Procedure Code
were mandatory, that the claim
Supreme Court of India
application
filed by the respondents 1 & 2 under Order XXIII Rule 1(3) Civil
Procedure Code (CPC for short ... appeal was admitted
the appellants filed an application under Order XXIII Rule 1(3) CPC
seeking permission of the Court
Supreme Court of India
into a deed of compromise by the parties but Order
XXIII Rule 3 CPC also required the compromise ... signed by the parties was in
violation of Order XXIII Rule 3 CPC and consequently it was
void. Rule
Supreme Court of India
time of the
signing of the application under Order XXIII Rule 3 of the Code
of Civil Procedure ... High Court jointly by VMS, KK and Guneeta under
Order XXIII, Rule 3 of the Code of Civil Procedure
Supreme Court of India
award could not be recorded as
an adjustment under Order XXIII, Rule 3, while as the agreement to
refer ... Section 375 of the Code of 1882,
corresponding to Order XXIII, Rule 3, of the present Code. There
Bombay High Court
Civil Procedure--Whether
applicable.
Code of Civil Procedure, 1908: Order XXIII--Suit
pending before High Court--Joint application ... fresh application'
and as such, under the provisions or Order XXIII, C.P.C.,
the appellants had no right
Supreme Court of India
with the condition had been previously
dismissed.
3. Now Order XXIII Rule I reads-
"1. (1) At any time after ... matter or such part of the claim.
(4) **"
And Order XXIII Rule 2 reads--
"2. In any fresh suit instituted
Punjab-Haryana High Court
Counsel for the applicant rests his case entirely upon
Order XXIII, Rule 3. He asks me to record the award ... such a case the award cannot be enforced under Order XXIII,
Rule 3, and I purpose in this case
Calcutta High Court
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