Civil Procedure Code, 1908, Order 9, Rule 13 -- Proviso - Scope - An ex parte decree is ordinarily to be set aside only as against the defendants against whom the decree has been ex parte and the suit is to be revived only qua the defendant who applied for setting aside the ex parte decree...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Proviso - Exparte decree - Setting aside - A decree can be set aside against all or any of the other defendants, regardless of the fact whether they appeared, contested or not - If the decree is indivisible Court is at liberty to set aside the decree not only against the defendant who applied for setting aside exparte decree..........
Civil Procedure Code, 1908, Order 21, Rule 55 -- Execution - Money decree - Removal of attachment after satisfaction of decree - Executing Court to withdraw the attachment and putting of property to auction sale when decree is satisfied...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Court while setting aside ex parte decree can impose conditions - However, conditions cannot be imposed for entertaining the application itself...........
Land Acquisition Act, 1894, Section 18 -- Solatium - Interest on the amount of solatium - Held, that if claim on interest on solatium has been made and the same has been negatived either expressly or by necessary implication by the judgment of the reference Court than executing Court will have to reject the claim for interest on solatium on the ground that executing Court..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Injunction decree - Execution - Plaintiff held to be in possession of 28 Kanals 14 marlas - On the basis of Local Commissioners Report and evidence led by parties Executing Court held that D.H. is in possession of 24 Kanals 18 marlas - In order to satisfy the decree warrant of attachment issued - Order upheld...........
Transfer of Property Act, 1882, Section 52 -- Doctrine of lis pendens - Attachment of property in execution of decree - Transferee lis pendens filed objections alleging that he was bona fide purchaser of said property for consideration - Held, objector purchased property after passing of attachment order - Hence, sale transactions was hit by principle of lis pendens -..........
Insurance claim -- Repudiation - Contention that respondent abetted the death of insured - deceased she is not entitled to any claim on the policy of her husband repelled - The acquittal order of respondent by the Court has some evidentiary value and cannot be totally brushed aside - Plea that it is a case of suicide therefore as per clause 6 in policy appellant not liable..........
Delhi Rent Control Act, 1958, Section 14(1)(e) -- Suit for eviction - Bonafide need - Question as to ownership of landlord - Landlord proved his ownership in terms of family settlement - Landlord also produced documents showing electricity and water connection in his name - Landlord entitled for decree of eviction...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Trial Court dismissed application by holding that defendant was served in the suit and inspite of that he did not choose to appear - However, appellate Court set aside the exparte decree - Interest of plaintiff is not to be prejudiced if the suit is heard on merits in accordance with law -..........
