Civil Procedure Code, 1908, Order 21, Rule 30, 37 -- Execution - Money decree - Simultaneous execution for arrest of JD and also for attaching his salary - Earlier E.P for attaching salary of JD was dismissed for default - Subject E.P was filed for arrest of JD - JD is a Teacher and drawing salary of Rs.16,000 and he did not pay any amount after dismissal of earlier E.P -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - For noting down physical features and topography of suit property - Partition suit - Suit filed for seeking partition of agricultural land - Even, assuming that suit is ultimately allowed, division of property would be required to be worked out by metes and bounds at the time of passing..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties remained together only for 2 days - They filed joint application for divorce by mutual consent after 1 year of marriage - Court passed a decree of judicial separation instead of a decree of divorce by mutual consent - Trial Court observed that period of their staying together is short and that it..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit - Defendant successfully proved that he had sufficient reason for not appearing before trial Court as compromise arrived at between parties in complaint u/s 138 of Negotiable Instruments Act - Whether or not present transaction was a part of compromise arrived at between parties..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Application U.O.9.R.13 CPC - Nature of judgment and decree is determinative in taking a decision with regard to maintainability of application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Application U.O.9.R.13 CPC - When an ex parte judgment and decree is passed, it hardly makes any difference if a formal order setting defendant ex parte has been passed or not - O.9.R.13 CPC relates to an ex parte decree and not an order...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Wife filed a complaint before Social Welfare Officer with false and flimsy allegations - It amounts to cruelty on the part of wife - Decree of divorce calls for no interference...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement of appeal - Joint decree against five defendants - Second appeal jointly filed by all the five defendants - Death of appellant Nos.2 & 5 during pendency of second appeal - Initially appeal was stated to have abated against appellant Nos.2 and 5 but later on abatement order against appellant No.5 was recalled as his..........
Sub-lessee -- Is not a necessary party and non-joinder of sub-lessee would not make a decree passed by competent Court as wrong in eyes of law...........
Jurisdiction -- If there is inherent lack of jurisdiction, plea can be taken at any stage and also in collateral proceedings - A decree passed by a Court without subject matter jurisdiction is a nullity and that its validity can be set up whenever and wherever it is sought to be enforced or relied upon - Such a defect of jurisdiction cannot be cured even by consent of..........
