Law: Civil Procedure Code (V of 1908)

Section: O.XXIII,R.3,S.12(2)

Law: Civil Procedure Code (V of 1908)

Section: O.XXIII,R.3,S.12(2)

(a) Civil Procedure Code (V of 1908)-------O. XXIII, R.3 & S.12(2)---Suit for declaration of title---Decree on basis of compromise without including one or more defendants in the suit---Defendant/applicant sought setting aside of compromise decree under S.12(2), C.P.C. on the ground that he was not party to said compromise but was party to the suit---Validity---When admitted position was that defendant/applicant was not party to the compromise application, it would be appropriate to set aside compromise decree against the defendant/applicant---High Court directed that suit may proceed against defendant/ applicant in accordance with law and the area which was in possession of the defendant / applicant shall not form part of the compromise decree between the other parties. (b) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Application under S.12(2), C.P.C. for setting aside a decree/order---Scope and procedure stated. Section 12(2) merely postulates an unspecified remedy where a decree suffered from want of jurisdiction or was tainted with fraud or had emerged upon misrepresentation and the court, therefore, has all available options to fashion relief according to the requirement of a situation. In appropriate cases whereupon the recall of the decree, a foreseeable result should follow which may not be different that what could be achieved without setting aside of the decree, a ratification or modification could be ordered. Such relief may even be accorded without any elaborate inquiry and concomitant loss of time. When consent decree was obtained by misrepresentation, the application is maintainable for setting aside the decree obtained by misrepresentation. There is no procedure provided to decide application under section 12(2), C.P.C. Court is not under obligation in every case to frame issues, record evidence of the parties and follow the procedure prescribed for decision in suit. Matter is left to the satisfaction of the court, which has to regulate its proceedings, and keeping in view the nature of the allegation in the application, the court may in its discretion adopt any mode for its disposal. Concealment of facts before judicial forum would…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492