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MANISH KUMAR NIGAM
Rajeev Gupta – Appellant
Versus
Swatantrata Sangram Senani Ashrit Sangathan – Respondent
JUDGMENT :
Hon'ble Manish Kumar Nigam, J.-This petition has been filed by the defendant-petitioner for the following relief:
b. To pass an order under the supervisory jurisdiction of this Hon'ble High Court, staying the further proceedings of Original Suit No. 399 of 2021 (Swatantrata Sangram Senani Ashrit Sangathan through President-Vishwa Mitra Tandon and others v. Rajeev Gupta), pending before the Court of Civil Judge (Senior Division)/F.T.C., Pilibhit.''
2. Brief facts of the case are that the pl
A plaint cannot be rejected if it discloses a cause of action, and non-parties to a compromise decree have the right to challenge its validity.
Specific performance cannot be enforced against parties not privy to the original contract, and suits lacking a cause of action are subject to rejection under Order VII Rule 11 of the CPC.
(1) There cannot be any challenge to a consent decree as stipulated under Order XXIII Rule 3-A of C.P.C.(2) Relief for specific performance can also be enforced against a person who is not a party to....
The main legal point established in the judgment is that no suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful, as per the provisions o....
The bar under Order XXIII Rule 3A of the CPC does not apply to a stranger to the compromise, and the plea of limitation is a mixed question of fact and law to be determined after evidence has been le....
The main legal point established in the judgment is that at the stage of considering an application under Order VII Rule 11 of the CPC, the trial Court need not conduct a roving inquiry into the fact....
The main legal point established in the judgment is the importance of considering documents filed along with the plaint for deciding the application under Order 7 Rule 11 CPC. The judgment emphasized....
A suit challenging a compromise decree not challenged, but the compromise itself is called into question, would be barred by the provisions of Order XXIII Rule 3A of CPC. Additionally, a third party,....
Mere plea of Order II Rule 2 of CPC taken up by the petitioners as defendants in the trial Court was not with respect to filing of the suit on the same cause of action, but, Order II Rule 2 of CPC wa....
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