Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Appeal against decree of divorce by mutual consent - Parties started living together along with children after getting mutual divorce - Decree of divorce by mutual consent set aside - Appeal allowed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant could not keep track of case due to transfer of civil suit from one Court to another - Ex parte decree passed against defendants is for an amount of Rs.2,60,000 with interest @ 6% p.a - However, defendants have shown their bona fides by depositing an amount of Rs.2,60,000 into bank..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Parties are living separately for last 25 years - Wife categorically stated that she had no intention to reside with husband - Reasons stated by wife for living separately not substantiated by wife - Since wife has turned down offer made by husband for restitution of conjugal rights..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Mortgage decree - Claim petition is not maintainable U.O.21.R.58 CPC once mortgage decree is passed against mortgaged property...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Suit property was mortgaged with Bank - However, Bank is not necessary party in a suit for possession by way of specific performance, particularly when decree for recovery of amount was passed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Amounts to decree - Appeal lies thereagainst - Writ petition is liable to be rejected...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 9 months in filing appeal - No plausible explanation has been given for delay worth acceptance except for bald statement that petitioner did not know about passing of judgment and decree against which appeal is sought - Application for condonation of delay dismissed...........
Civil Procedure Code, 1908, Section 115 -- Revision - Dismissal of application for condonation of delay in seeking setting aside ex parte decree - High Court cannot set aside ex parte decree itself by invoking power u/art 227 of Constitution, as powers of High Court u/art 227 of Constitution are in addition to and wider than powers u/s 115 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay of 1012 days - Condonation of delay - Reasons assigned by defendant for condoning delay are in usual and causal terms - There is no proper and satisfactory explanation offered by defendant for each and every day of delay - Delay in filing application for..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was proceeded ex parte on the basis of notice sent through registered cover and report of postman regarding refusal - Postman not examined in evidence - Plaintiff knew that Director of defendant Company works in Hospital - Even, no effort was made to serve defendant on that address..........
