even by an agreement,
It is expressly laid down in Order 23, Rule 4, that nothing in the Order shall apply to any proceedings ... taken in several cases, and Order 23 Rule 3 embodies this rule and says that the court shall order such agreement, compromise or satisfaction
Order 23, Rule 1 (3) of the Code of Civil Procedure .
22. A combined reading of Sub-rule (3) and Sub-rule (4) of Order ... persons claiming through a plaintiff against whom the order under Order 23, Rule 1 (4) of the Code of Civil Procedure applies. If the disability
Order 23, Rule 3, Civil P.C., and the procedure laid down in that rule was not affected by the provision of Order 23, Rule ... rules were obtained against this order. Mr. Basu appearing in support of the rules contends (1) that Sub-rule (4) of Rule 1 of Order
same and therefore the present suit is barred under Order 23 Rule 1 (4) CPC ; (ii) the suit is barred ... subject matter of the Second Appeal is hit under Order 23 Rule 1(4) C.P.C . Admittedly, the plaintiff filed the suit
there is no “LIS” here to be
compromise (See Order 23 Rule 4) the sale deed Exhibit
A3=Exhibit B28 run counter to the Supreme ... Court decree is illegal and unknown
to law and violates Order 23 Rule 4. Recording the
alleged compromise Ex.B10 aid not have
provisions
of order 23 rule 1 sub-rule (4) of the
Code of Civil Procedure ?
::: Downloaded on - 23/11/2017 23:04:17 :::HCHP ... Order 9,
C.P.C . Further a fresh suit is also barred
under Order 22, Rule 9 and Order 23, Rule
1(4
preliminary objection was taken that the suit is barred under Order 23 Rule 4 of C.P.C . as the plaintiff had filed the suit ... partition? OPP
4. Whether the present suit is barred under order 23 Rule 4 CPC ? OPD
5. Whether the suit is not within time
Rule 2, Civil P.C., and must, if at all, Come within the purview of Order 23 of the Code. Under Order 23, Rule 4 ... provisions of that order do not apply to execution proceedings. The reason of the provision contained in Order 23, Rule 4 is that Order
present case. We are considering the principle involved under Order 23, Rule 4, C.P.C.
33. Albert Judah v. Rampada Gupta . The said case ... order of the Order of the Holy Cross v. Lonnappan Thattil . This case is relating to the bar under Order 23, Rule 1(4
rule is that costs follow the
event. Although quantum of costs lie in the discretion of the court but
Order 23 Rule 1 (4 ... stand. The order requires to be re-examined by the court a quo
on legal principles attaching to Order 23 Rule 1 (4
