Civil Procedure Code, 1908, Order 13, Rule 1 -- Production of original documents alongwith written statement - Provisions not mandatory...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 9 -- Divorce petition - Dismissed in default - Second divorce petition on the same grounds is barred by O.9.R.9 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - While setting aside a decree, conditions can be imposed but such conditions should not be unreasonable or harshly excessive...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Exparte decree for Rs.37 lakhs - While setting aside exparte decree condition of furnishing security of Rs.37 lakhs either in the form of bank guarantee or in cash imposed - Held, while setting aside a decree, conditions can be imposed but such conditions should not be unreasonable or harshly..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside exparte decree - Expression '....such terms as to costs, payment into court or otherwise as it thinks fit....' - Scope of - While setting aside exparte decree conditions can be imposed upon defendant, but such conditions should be reasonable and not oppresive or harshly excessive - What would be reasonable..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside exparte decree - Discreationary jurisdiction conferred on the Courts for setting aside exparte decree - Conditions to be imposed by Court - Scope of - Case laws discussed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Setting aside exparte decree - Application for recording a decree under O 12, R 6 - Defendant proceeded ex-parte - Ex-parte judgment and decree on admission of sum of Rs. 37, 24, 478/- passed - Application for setting aside ex-parte decree - Allowed by Trial Court with a condition to furnish security of Rs. 37 lacs in form of..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 6, Rule 2 -- Divorce - Wife leading evidence on a point which was not pleaded in her written statement - Proof which is beyond pleadings cannot be taken into consideration and hence rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 13, 12 -- Divorce petition - Plaintiff seeking amendment of plaint to seek relief u/s 12 of the Act for annulment of marriage as his consent was obtained by fraud - Amendment sought within one year of knowledge of fraud - Held, amendment sought is not barred u/s 12 of the Act...........
Civil Procedure Code, 1908, Order 9, Rule 6, 7, 13 -- "No instructions" - Counsel also informed defendant regrading submission of `No instructions' Exparte decree can be passed without issuing fresh notice to defendant - Ex parte decree can be set aside on showing sufficient reasons for non appearance by defendant...........
