Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing revision - Sufficient cause for delay in filing revision is shown by respondent - Wrong legal advice in absence of any proper legal guidelines cannot be held negligence on the part of respondent - Moreover, if respondent is not given chance to raise the point u/s 197 Cr.P.C there may be prejudice to..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Absence of specific denial of fact - Statement in a subsequent affidavit by itself would not amount to withdrawal of admission in original petition which is the pleading in the case...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte divorce decree - Setting aside - Condonation of delay - Wife was duly served in the proceedings - She was thus, aware of filing of divorce petition - Wife was negligent and not interested in pursuing the proceedings - Even, the present appeal is filed belatedly after delay of 136 days..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay is to be explained for the period beyond the period of limitation prescribed...........
Civil Procedure Code, 1908, Section 151, Order 38, Rule 5 -- Attachment before judgment - Dismissal of application - A case is made out for an order of attachment U.O.38.R.5 CPC - Documents now placed before High court, were not produced before trial Court - Case remanded back for decision of application afresh and petitioners are at liberty to produce said documents..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay in filing appeal against ex parte decree - Ex parte decree though passed on 21.12.2021 and defendant received notice of same on 21.7.2022 - Consequently, appeal was filed with delay - Valid reasons have been assigned - Delay in filing appeal condoned...........
Civil Procedure Code, 1908, Order 5, Rule 15 -- Service of summons - On an adult member of family - Before resorting to provision contained U.O.5.R.15 CPC, it has to be shown that defendant was absent from his residence at the time when service of summons was sought to be effected and there was no likelihood of his being found at the residence within a reasonable time - It..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 15 -- Ex parte divorce decree against wife - Setting aside - Father received summons by stating that she had gone out of station - Wife in her application did not state that she was not residing in the house of her father - Wife even in petition to High Court gave her address which is..........
Civil Procedure Code, 1908, Order 5, Rule 1, Civil Procedure Code, 1908, Order 29, Rule 2 -- Service of summons at corporate office of Company - Service is valid and good service when summons alongwith plaint have been duly received at such office - O.29.R.2 CPC does not limit service of summons to registered office of Company alone...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 5 -- Stay of execution proceedings till disposal of first appeal - Petitioner has preferred an appeal as against judgment and decree passed in suit and he has having good case in appeal - Direction issued to First Appellate Court to dispose of appeal within a period of eight weeks...........
