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UTTARAKHAND HIGH COURT
Year of decision: 2017
Details
Hindu Marriage Act, 1955, Section 9-- Restitution of conjugal rights - Ex parte proceedings - Non-appearance of one of parties to proceedings or avoiding to participate after having put in appearance, does not preclude Court from considering grounds taken by other party in his or her defence - Even otherwise also, in absence of a..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 126(2)-- Ex parte maintenance order - Recall of order - Sought after six years of passing the order - No explanation for such inordinate delay - Nothing to show as how applicant came to know about the ex parte judgment - Failure to show any good cause for recall of order - Rejection of application calls..........
DELHI HIGH COURT
Year of decision: 2017
Details
Protection of Women From Domestic Violence Act, 2005, Section 12-- Domestic violence - Act of domestic violence once committed, subsequent decree of divorce will not absolve liability of husband from the offence committed or to deny the benefit to which aggrieved person/wife is entitled under the Act, including monetary relief u/s 20, child custody u/s 21,..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Explanation provided by defendant for his absence is that he was ill - Plaintiffs in their counter affidavit not disputed illness of defendant - Ex parte decree set aside...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Setting aside - Irregularity in service - If defendant knew of the proceedings and yet choose not to appear, then mere irregularity in service does not make ground for setting aside ex parte judgment and decree...........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex-parte decree - Setting aside - Suit for recovery - Defendant got Court record inspected through advocate after passing of ex-parte decree and filed application U.O.9.R.13 CPC after 1-1/2 year without being accompanied by application for condonation of delay - Moreover, defendant entered into..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13-- Ex parte decree - Set aside subject to payment of costs - Costs accepted without protest and no right reserved - Plaintiff is debarred from challenging the order setting aside ex parte decree...........
KERALA HIGH COURT
Year of decision: 2017
Details
Family Courts Act, 1984, Section 19(1), (4)-- Appeal - Maintainability - Common order disposing two interlocutory applications filed to set aside ex parte decree and to condone delay - Is appealable u/s 19(1), (4) of the Act - Nomenclature to be assigned is `Matrimonial Appeal'...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13-- Setting aside ex-parte decree - Divorce decree - Non service of summons - Husband has not disputed the fact that it is the official address of the father of wife, where summons been served - On mere production of postal receipt, trial Court proceeded ex-parte against wife without verifying the..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 14, Rule 2-- Suit filed by respondent Nos. 2 & 3 claiming the plot in question as their Bhumidhars - Judgments of both the trial Court and revisional Court have been passed without basing their conclusions on any issue - Trial Court upon finding that notice was complete and the defendant was missing should..........

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