Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - JDs failed to put in appearance despite valid service - Submission of an application for setting aside ex parte order cannot qualify as good cause - If good cause is not shown then a party can be permitted to join proceedings prospectively...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Partition suit - Gift deed in favour of plaintiff sought to be produced - However, plaint does not include subject matter of gift deed sought to be produced - Reasons assigned by trial Court for rejecting application U.O.7.R.14 CPC are not perverse - Application rightly rejected...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 467 days in filing application for setting aside ex parte decree - Application for condonation of delay cannot be allowed once trial Court found that delay has not been properly explained and even there are no merits in application for condonation of delay - Order of trial Court condoning delay rightly set..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Objection by stranger - Petitioner staked his claim on the basis of agreement for sale from owner of land - However, said owner did not have power to enter into agreement for sale - Petitioner is in occupation of a part of decretal land - He has made a false claim of right on basis of agreement for..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife joined service in the year 2011 without any information and knowledge of husband - She stated that she does not want to leave her job and husband could not come to place where wife is posted, after selling his house, land etc. - Evidence of wife reflects that her intention is to..........
Land Grabbing cases -- Transfer of 864 cases pending in Special Courts to jurisdictional Courts - Single Judge while disposing of matter with respect to only one case, transferred approximately 864 cases pending in different Special Courts in different districts that too on a `special mentioning' - Practice of passing such orders on a special mentioning that too in a..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Plaintiff asserted that when family settlement was not acted upon by defendant he filed suit for partition - Trial Court observed that this can be decided only after parties adduce evidence and dismissed the application - Order upheld...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Right to use electric motor connection - Plaintiff purchased share in land alongwith share in electric motor connection from its previous owners - However, defendant claimed that previous owner had already relinquished their rights in said electric motor connection in her favour - As..........
Specific Relief Act, 1963, Section 34, Specific Relief Act, 1963, Section 34 -- Suit for declaration, recovery of possession and rectification of revenue entries - Plea that in view of re-arrangement between the parties as agreed, the suit land was mutated in the name of defendant and that plaintiff is estopped by agreement dated 24.01.1993 and thus suit is not..........
Re-auction -- Re-auction of land after a period of 23 years of confirmation of sale and execution of sale in favour of highest bidder, cannot be made by observing that value of property might have been much more...........
