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Report No. 144

4.1.6. Recommendation.-

To expect the court to issue notice and then to try the several points of detail before granting leave in the light of the objections put forth by the prospective defendants, would mean that there will be a trial before a trial. This would not be desirable, in our view. Our recommendation, therefore, is to insert an Explanation below section 92 to the effect that the court may grant leave under this section without issuing notice to any other person. This does not of course, mean that the court will grant leave as a matter of course. The said Explanation to section 92 may read as under:

"Explanation.-It shall not be obligatory for the court before granting leave under this section to issue notice to the party proposed to be sued by the person applying for leave."

4.2. Section 96(3) and Consent Decree

4.2.1. Section 96(3) of the Code of Civil Procedure bars an appeal against a decree passed with the consent of the parties. However, under Order 43, rule 1A, it is permissible in an appeal against the main decree to contest the validity of the order of the court recording a compromise or refusing to record a compromise under Order 23 of the Code.



Conflicting Judicial Decisions pertaining to the Code of Civil Procedure Back




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