void. Rule 24 of the A.P. Writ Proceedings Rules, 1977
makes the provisions of Order XXIII Rule 3 CPC applicable
to the proceedings under ... jurisdiction to
pass appropriate orders. Such power can neither be
controlled nor affected by the provisions of Order XXIII Rule
3 CPC . It would
3 of Order XXIII of the
Code. However , in that case there was in fact no proceeding
under Order XXIII Rule 3 at all. There ... 3 of Order XXIII. The decision is
therefore distinguishable on facts.
The second obligation cast on Court by Order XXIII Rule
3 is to order
barred under Order XXIII Rule
3A, we deem it appropriate to first consider the above
issue.
39. Order XXIII Rule 3 provides for compromise ... this Court considered Rule 3
as well as Rule 3A of Order XXIII. This Court held that
object of the Amendment
under Order XXIII, Rule 3. As an instance of a Court going into such questions under Order X.XIII, Rule 3,I may cite Kulsnm ... rule of construction I have mentioned, Section 89 should not be read as affecting the particular enactment contained in Order XXIII, Rule 3
learned Counsel for the applicant rests his case entirely upon Order XXIII, Rule 3. He asks me to record the award as being an adjustment ... order of the Court. There may always be questions for litigation as to the validity of an award. Under Order XXIII. Rule 3, everything
Rule (1) of Order XLIII
was deleted;
(iv) Rule 1A, to Order XLIII was inserted.
8. Rule 3 and Rule 3A of Order XXIII ... under Order XXIII Rule 1,
and therefore, there was no question of treating
it to be an order under Order XXIII Rule 3
with our main rules of procedure in Orders 1-51. It is in Schedule I where we find Order XXIII, Rule 3, dealing with compromises ... Order XXIII, Rule 8, or they do not. If they do, then cadet qucestio and Section 89 does not affect-Order XXIII, Rule 3
lawful within the meaning of
the said rule. Under Order XXIII Rule 3-A, no suit is maintainable to set-aside a
decree ... XXIII Rule 3
and Order XXIII Rule 3A and it is submitted that when the proviso to Order
XXIII Rule 3 was inserted
Order XXIII or Rule 1 of Order XXIII of the CPC , the said provisions
are given below for easy reference:
ORDER XXIII. WITHDRAWAL AND ADJUSTMENT ... this rule.”
Rule 1 of Order XXIII speaks of withdrawal of suit or abandonment of part
of claim. Rule 1 of Order XXIII covers
Rule 4 of the Code deals with the subject matter of appointment of pleader by the party.
4. Construction of Order XXIII, Rule 3 ... duly signed. Order XXIII, Rule 3 must be read along with Order III, Rule 1 and Order III, Rule 4 of the Code of Civil
