effect of order 23 of Rule 3 of C.P.C

Querist : Anonymous (Querist) 10 January 2011 This query is : Resolved
One expert advised to file An application for a decree for dissolution of marriage by mutual consent under section 28 of Special Marriage Act read with Order 23 Rule 3 of C.P.C. / HMA 13

I want to know what is the effect of Order 23 Rule 3 of CPC in connection with Section 28 of Special Marriage Act.

If the portion 'read with Order 23 Rule 3 of CPC/HMA' is not mentioned what is the disadvantage ?

Pls. clarify

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Devajyoti Barman (Expert) 10 January 2011
I disagree. If you have already filed compromise petition u/s 28 of SPA then order 23 rule 3 of CPC absolutely has no role to play and it is not maintainable either.

Guest (Expert) 10 January 2011
order 23 rule 3 applies only to the contesting matters.

Amit Minocha (Expert) 10 January 2011
order XXIII rule 3 doesnot apply here as the matter is governed by SMA. Under section 28 it is divorce by MC so both parties are petitiones , against whom then XXIII rule 3 would you apply ? None of them is a defendant .

G. ARAVINTHAN (Expert) 10 January 2011
No need for such an application to be filed for compromise as it is already filed for disolution of marriage by Mutual Consent

Gulshan Tanwar (Expert) 10 January 2011
Who suggested you to claim two fruits at one time.:)

Kirti Kar Tripathi (Expert) 10 January 2011
agree with experts. Order 23 rule 3 of CPC can not be applied.

Pritam Saini, Advocate (Expert) 11 January 2011
I agree with the view of experts.

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