Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against first wife - Setting aside - Death of husband - Husband solemnized second marriage after ex parte divorce decree against first wife - He died after some time - Second wife and children from second marriage got impleaded in setting aside application - Second wife was stranger to proceeding -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against first wife - Setting aside - Death of husband - Husband solemnized second marriage after ex parte divorce decree against first wife - He died after some time - Application for setting aside ex parte decree filed more than 30 years after date of decree but soon after death of deceased was not..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant has failed to produce any evidence to rebut presumption of proper service - He failed to discharge initial burden - There was thus, no obligation on plaintiffs to produce process server as a witness - Suit remained pending from 2008 till 2022, when ex-parte decree was passed -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Setting aside - Court never fixed case for filing written statement and no opportunity was granted to defendant to file written statement nor right to file written statement was closed by Court prior to case proceeded ex parte - Even if defendant or..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - If ex-parte decree is passed on the basis of `refusal of notice' trial Court is duty bound to examine process server...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Proof of service of summons is essential condition for proceeding ex-parte against concerned defendant - It was incumbent on part of trial Court to examine Process Server and witnesses of refused notice/summon on oath...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Statutory right of wife to maintenance cannot be permitted to be parted away and infringed by setting up a case that she had capacity to earn - Neither mere potential to earn nor actual earning, howsoever meager it may be, is sufficient to deny claim of maintenance...........
Civil Procedure Code, 1908, Section 151, Order 37, Rule 4 -- Summary suit for recovery - Ex parte decree - Setting aside - Summons were duly served on the address given by appellants lawyer - Procedure prescribed U.O.37 CPC was adhered to - O.37.R.4 CPC is very categorical that power enshrined therein has to be exercised only on special circumstances - No special..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 19, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Simultaneous issuance of summons through registered post and ordinary summons - An intimation was served on the addressee to collect the postal article - On receipt of the unserved postal..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Setting aside order proceeding ex parte - Application to set aside order - Again non appearance - Court passing another `ex parte' order - An application U.O.9.R.7 CPC must be diligently pursued, otherwise ex parte order continues to stand - Trial Court's mistaken description of passing a fresh `ex parte' order does not cure..........
