Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Section 144 -- Restitution - Ex parte eviction order - Civil Court as the Executing Court delivered possession in execution of ex parte eviction order - Application U.O.9.R.13 CPC at the instance of tenant allowed and ex parte eviction order set aside - Restitution application..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, Civil Procedure Code, 1908, Section 144 -- Ex parte eviction order - Possession delivered in execution - Landlord inducted another tenant - Ex parte eviction order set aside - Restitution - Restitution can be ordered as third party inducted as tenant derives his possession as tenant from the landlord who..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Possession taken on basis of ex parte injunction order - Suit withdrawn subsequently - Plaintiff is liable to restore possession to defendant in view of S.144 CPC...........
Civil Procedure Code, 1908, Section 144 -- Restitution - If no relief is granted under the final order, a party is liable to return the benefit obtained under the interim order to the other party...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Benefit of interim relief automatically gets withdrawn/neutralized on withdrawal of suit - In such a case concept of restitution becomes applicable...........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 21, Rule 32, 33 -- Failure to comply with decree of restitution of conjugal rights - Court has discretion U.O.21.R.33 CPC to direct J.D. to make periodical payment to D.H., as may be just and proper, in addition to the amount of maintenance, for satisfaction of the decree...........
Criminal Procedure Code, 1973, Section 125, Hindu Marriage Act, 1955, Section 9, 13B -- Maintenance - Wife living separately - Ex-parte decree for restitution of conjugal rights was decreed in favour of husband - Inspite of it, it is a valid decree until it is set aside - Held, wife is not entitled to live separately from her husband and claim maintenance u/s 125 Cr.P.C. -..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for restitution of conjugal rights - Cannot be enforced except by way of attachment of property of the other party or compensation and mesne profits - No person can force a female or his wife to co-habit and establish conjugal rights - If the wife refuses to co-habit, in such case she cannot be forced by a..........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 21, Rule 33 -- Restitution of conjugal rights - Decree of - Even after passing of the decree, Court can issue a direction that decree shall be executed in the manner provided in O.21.R.33 CPC - Wilful disobedience is not a condition precedent for passing an order O.21.R.33(2) CPC...........
Hindu Marriage Act, 1955, Section 9, Civil Procedure Code, 1908, Order 21, Rule 33(2) -- Restitution of conjugal rights - Decree of - Court has jurisdiction to pass a direction for periodical payments when J.D. fails to obey the decree within the time limit provided...........
