Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Registered sale deed - Setting aside - Consideration - Self contradictory statements in the deed as to consideration - At one place it is stated that entire consideration amount is due but at the second place it is mentioned that some amount was paid in advance and rest of the amount paid..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - There is no law that whenever one of the spouses contacts second marriage, after obtaining a decree of divorce, the decree cannot be set aside...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(a)(i) -- Eviction - Bona fide need - Originally eviction sought on ground of bona fide need of husband for carrying on business - Objection by tenant that petition had not spelt out need of member of family and therefore, case could not have been prosecuted at the instance of wife by setting up her need - Held,..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Bonafide requirement - Death of landlord - Husband filed petition stating that he required property for his business - After death of husband wife wants to carry on with idea after his death - It is fair enough that she was directed to be impleaded as party - Plea of tenant that petition had..........
Punjab Land Revenue (Lambardari) Rules, 1908, Rule 15, 16 -- Appointment of Lambardar - Before setting aside orders passed by Collector and Divisional Commissioner, FC did not point out any patent illegality or perversity in either of orders passed by lower revenue authorities - Held, in absence of any such findings recorded by FC there was no scope for interference in..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - At the instance of L.R's of sole defendant - Application filed after eight months of decree on ground of lack of knowledge of property or the litigation - Knowledge claimed to have been acquired only one month before - Material on record showing applicants having knowledge about litigation -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte divorce decree - Setting aside - Service through Munadi - House number not mentioned in the summons - Process Server also does not know the number of any building where the affixation took place - Such type of service by Munadi in a sub-urban area without making a..........
Partition -- Ex-parte order - Setting aside of - Validity - No material available on record to show, even prima facie, that respondent No.5 was duly served before he was proceeded ex parte - Held, Financial Commissioner justified in setting aside ex parte order and remanding case to Assistant Collector for decision afresh on merits - Petition dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 106 -- Execution - Setting aside ex parte order - In an execution proceeding after passing through all those stages pursuant to sale and delivery of property belonging to J.D., effected in compliance of the rules and formalities thereunder is over, any application moved by J.D. with reference to non receipt of a notice U.O.21.R.22..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - If summons not served then Court is not obliged to give any reasons other than that aspect - However, if case is that summons were not duly served and emphasis is on service and equally there is a sufficient cause which prevented the defendant from appearing then Court has to consider that..........
