Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Order to set aside ex parte decree should be supported by reasons...........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte eviction order - Setting aside - Delay - Provisions of Limitation Act are not applicable to the application for setting aside exparte order - No limitation is prescribed by the Act for this purpose - A tenant cannot be evicted..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(iv), 13(2) -- Change of user - Room let out for residence - Tenant changed it to shop and doing business of band master - Held, it is nuisance to play musical instruments - Eviction of tenant on ground of change of user and nuisance upheld...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Subsequent events - Bona fide requirement - During pendency of eviction proceedings for the last 21 years, family needs of landlord have grown - In view of the large family, the entire premises is required by landlord - Eviction upheld...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Summons sent as per registered post with A.D. at Chandigarh address and at Canada address - Summons sent at Chandigarh address received back as unclaimed - Summons sent at Canada address not received back within statutory period of 30 days - There is presumption of service of summons -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Pendency of suit within knowledge of defendant - Held, plaintiff cannot succeed merely on the basis that pendency of suit was within knowledge of defendant as he has to prove that defendant was duly served and he was rightly proceeded against ex parte...........
Hindu Marriage Act, 1955, Section 13(1)(b) -- Divorce - Desertion - The essential ingredients are : (1) the factum of separation; (2) the intention to bring cohabitation permanently to an end - animus deserendi; (3) the element of permanence which is a prime condition requires that both these essential ingredients should continue during the entire statutory period...........
Hindu Marriage Act, 1955, Section 13(1)(b) -- Divorce - Desertion - Mere living apart by the parties is not desertion - The desertion indicates a state of mind in which a party guilty of the act must indicate either in express words or by conduct to put an end to the relationship...........
Hindu Marriage Act, 1955, Section 13(1)(b) -- Divorce - Desertion - Burden of proof to prove the fact of desertion lies on the person who alleges it...........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - Not a ground for grant of divorce...........
