Fathima v. Mohideen and Another – sllr 1998 volume 3 page 294

In the case between the plaintiff-respondent (and the petitioner, who is the wife of the plaintiff-respondent) and the defendant-respondent (and another), the court considered whether the District Court had jurisdiction under sections 188 and 408 of the Civil Procedure Code to enter a consent decree reflecting an agreement relating to the purchase of an allotment of land that was the subject of a separate case. The central legal issues involved the extent to which a court could embody in its decree a settlement dealing with matters extraneous to the subject matter of the action before it. It was found that the settlement dated 24.05.91 addressed matters outside the pleadings in the instant case and thus fell beyond the court’s jurisdiction. Accordingly, the settlement, and the District Jud

REF: sllr 1998 volume 3 page 294 Category: Tag:
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