Hindu Adoptions and Maintenance Act, 1956, Section 5, 16 -- Adoption - Suit for declaration - Plaintiff was 16 years of age at the time of adoption as such it was incumbent on plaintiff to plead and prove custom or usages applicable to parties permitting persons, who have completed the age of 15 years being taken in adoption in view of provision of S.10(iv) of the Act..........
Hindu Adoptions and Maintenance Act, 1956, Section 5, 16 -- Adoption - Suit for declaration - Non-production of relevant documents - Claim of plaintiff regarding date of adoption being 14.1.1984 and suit having been filed in the year 2004 i.e. after almost 21 years, no, production of voters list, ration card and employment/education related documents to support the..........
Hindu Adoptions and Maintenance Act, 1956, Section 5, 6 -- Adoption - Validity - Suit for declaration - Trial Court dismissed suit on the ground that adoption was contrary to the provisions Ss.11(iii), 11(iv) and 6(iii) of the Act - Said findings cannot be supported as in case of adoption by Hindu male with the consent of his wife, requirement of S.11(iv) of the Act does..........
Civil Procedure Code, 1908, Order 22, Rule 4, Limitation Act, 1963, Section 5 -- Legal representatives - Delay - Rejection of application only on the technical ground that a separate application for setting aside abatement not filed - Appellant must have been given chance to file a separate petition for setting aside abatement - Matter remitted for decision afresh after..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1 -- Ex parte decree - Setting aside - Dismissal of application for condonation of Delay - It is revision and not appeal which lies against dismissal of application for condonation of delay...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Issues - Unconnected to the dispute and beyond pleadings of parties - Ordered to be deleted...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Not applicable for the purpose of institution of suit...........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Rejection of application by one line observation that `Cause shown for delay is of general nature' - Such an order rejecting delay condonation application cannot be sustained...........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Delay of 12 days - Petitioner explained the delay as he was suffering from vomiting and decentary and thus he became very weak and was not even able to move and as such he could not contact his counsel - On account of fever and vomiting he again fell ill and ultimately when he recovered he again contact his counsel -..........
Limitation Act, 1963, Section 5 -- Condonation of delay - While considering delay condonation application Court has to see merit of case also - Length of delay is not very much material if there is substance on merit...........
