Hindu Marriage Act, 1955, Section 24, Civil Procedure Code, 1908, Order 9, Rule 13 -- Maintenance pendente lite at the rate of Rs.1900/- per month granted in an appeal filed by wife against order dismissing her application U.O.9.R.13 to set aside exparte divorce decree obtained by husband - Non payment of maintenance - Defence of husband struck off - Averments made in the..........
Hindu Marriage Act, 1955, Section 13, 9, Civil Procedure Code, 1908, Section 151 -- Passport - Surrender - Allegation of wife that husband is trying for suitable employment in foreign countries and that if he leaves, irreparable damage would be done to her case - Husband denied such an allegation - Court in exercise of inherent powers directed husband to surrender passport..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 10, 12, 17, 19 -- Ex parte decree - Setting aside - Summons - Service - Refusal - Court should follow procedure as laid down in Rules 17 & 19 of Order 5 - If such procedure is not followed, ex parte decree to be set aside...........
Civil Procedure Code, 1908, Order 8, Rule 5(2), Civil Procedure Code, 1908, Order 9, Rule 13 -- Court can pass decree U.O.8.R.5(2) on basis of facts as pleaded in plaint - Suit can be proceeded ex parte only on recording evidence...........
Civil Procedure Code, 1908, Section 115, Order 13, Rule 2 -- Application U.O.13.R.2 - Rejected - Revision against such order is maintainable...........
Consumer Protection Act, 1986, Section 13(4), Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of complaint - Held that the Commission has no powers to entertain an amendment application under Order 6 Rule 17 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Counsel absent due to ill health on the date fixed in the case and an application to that effect on behalf of the counsel filed - Trial Court rejected application - Exparte decree passed - Held, for reasons attributable to counsel's health litigant should not suffer - Trial Court ought to have..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13 -- During the pendency of application U.O.9.R.13 application filed by the second wife U.O.1.R.10 to be impleaded as party to the proceedings - Proceedings U.O.9.R.13 are limited to find out whether there is any sufficient cause for setting aside the ex parte decree or not - The..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Default arisen on account of counsel's mistake in noting the date - Exparte decree set aside...........
Civil Procedure Code, 1908, Section 152, Order 13, Rule 2 -- Compromise decree - Words 'Payment of interest from 19.9.1990 till realisation' omitted in decree while it appeared in the judgment - There was no mention of these words in the statement of J.D. - Amendment/rectification of decree sought - Judgment not conducing to the statement of the parties whereas decree..........
