Hindu Adoptions and Maintenance Act, 1956, Section 18, 20, 23 -- Maintainability of petition - Second wife seeking separate residence and maintenance - Husband allegedly turned second wife out of matrimonial home immediately after marriage and filed divorce petition - During divorce proceedings first wife filed application for setting aside of ex-parte divorce decree -..........
Civil Procedure Code, 1908, Section 11 -- Exparte decree - Res judicata - Exparte decree is as good and effective as a decree passed after contest - Exparte decree operates as res judicata unless the party challenging the decree satisfies Court that ex parte decree was obtained by fraud...........
Civil Procedure Code, 1908, Section 11 -- Appellant was litigating on the basis of title acquired by her from `K' - Exparte decree passed against `K' in a former suit - Appellant not party in the former suit - By virtue of the ex parte decree passed in the former suit, the subsequent suit filed by the appellant is hit by resjudicata...........
Civil Procedure Code, 1908, Order 9, Rule 3, Civil Procedure Code, 1908, Order 3, Rule 1 -- Power of attorney holder - Money suit before Family Court - Can be decided on basis of evidence adduced - Defendant appeared through advocate or power of attorney holder - For non appearance of defendant in person he cannot be declared ex parte...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Managing Director of Company suffering from ailments - Medical Certificate in support thereof filed - PW1 examined to prove ailments as well as medical certificate - Court filing sufficient cause for not appearing on the date he was set ex-parte - Exparte decree set aside - No justification..........
Consumer Protection Act, 1986, Section 13 -- Procedure - Ex parte order - The appellant neither given an opportunity to put up its version particularly as to its liability in the capacity of service provider and has been held guilty jointly and severally along with main service provider because of its settlement agent only - Impugned order set aside...........
Civil Procedure Code, 1908, Order 8, Rule 5, 10, Civil Procedure Code, 1908, Order 9, Rule 1, 6(1)(a) -- Written statement - Failure to file - Court can pronounce judgment on the basis of facts disclosed in the plaint - Court can also proceed to hear the suit in terms of O.9.Rr.1 & 6(1)(a) - If Court exercises power U.O.8.Rr.5 or 10 or U.O.9 against some of the defendants,..........
Consumer Protection Act, 1986, Section 2(c),21(b) -- Complaint - Maintainability - Fixed Deposit Scheme - Non refund of maturity amount by petitioner firm - Petitioner firm was ex parte before both the Fora below - In support of the plea of respondents having joined the firm as partners in 1997 it has not led any evidence whatsoever - In absence of such evidence and..........
Punjab Land Revenue Act, 1887, Section 111, 116, 117, 118, 119, 120, 121, Specific Relief Act, 1963, Section 37 -- Mode of partition - Ex-parte proceedings - Civil suit for injunction by the respondent, proceeded ex-parte - Injunction refused. Held - Civil Suit for injunction is different from partition proceedings. Injunction normally refused qua another co-sharer of a..........
Civil Procedure Code, 1908, Order 9, Rule 17 -- Exparte decree - Setting aside - Summons received under thumb impression - Mere fact that father's name was shown incorrectly whereas her husband's name had been correctly stated in summons - Held, order declining to set aside ex parte decree, upheld...........
