Objection- Tenability -Suit for cancellation of sale deed

AIR 2013 SC 961

(From Gujarat)

Civil Appeal Nos. 2050-2053 of 2013 (arising out of S. L. P. (Civil) Nos. 126- 129 of 2012, 

D/1-3-2013.

Mahalaxmi Co-operative Housing Soci ety Ltd. & etc. v. Ashabhai Atmaram Patel (D) through L Rs. and Ors.

(A) Civil P. C. (5 of 1908), O. 23, R. 3 - Compromise of suit - Objection- Tenability -Suit for cancellation of sale deed Settlement reached between plaintiff firm and defendant-purchaser One of partners who held power of attorney of other partners acknowledg- ing receipt of payment from defendant Also executing deed of declaration cum indemnity of title of defendant Pursis filed withdrawing all contentions raised by plaintiff in suit allowed-Ob- jection raised by heirs of two partners Held not tenable as suit as regards one partner had abated due to non substitution And ancester of other heirs had ratified documents executed in terms of settlement. (Para 35)

(B) Civil P. C. (5 of 1908), O. 23, Rr. 1,3-Withdrawal of suit - And com- promise of suit -Distinction explained - Pursis falls under O. 23, R. 3.