Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife did not join husband nor did she comply with ex parte decree of restitution of conjugal rights passed in favour of husband - Un-impeached, un-controverted and unchallenged pleadings and evidence of husband constitute sufficient grounds to grant decree for divorce - Divorce..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte decree - Setting aside - Suit was at the stage of plaintiffs evidence - Evidence of defendants had not even started - O.17.R.2 Explanation CPC could not be invoked by High Court and based upon it holding that an application U.O.9.R.13 CPC would not be maintainable, as..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - One `R' was witness to the report of refusal of process server - `R' submitted his affidavit that he never signed on the report - Wife by her statement and other evidence proved that at the time of service of notice she was not living at the given address and no sufficient evidence in..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Petition filed by husband - Wife proceeded ex parte - Even in ex parte proceedings the burden is on plaintiff to prove his case by leading evidence - Merely there being no denial or cross examination, Court is not bound to grant ex parte decree unless the case is made out - In the instant case as deposition of..........
Hindu Marriage Act, 1955, Section 13(1)(ia), Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree in favour of husband - Husband pleaded that he performed second marriage after expiry of limitation of filing of appeal - Wife disputing second marriage by submitting that photograph and marriage card produced are forged documents created only to misguide..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Issue should have been framed by trial Court as to whether defendant was served and/or had knowledge of pendency of suit and thereafter an opportunity should have been given to defendant to lead evidence - Since said procedure is not followed, trial Court has erred in..........
Civil Procedure Code, 1908, Order 9, Rule 6, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Non appearance of wife in the proceedings - Not always necessarily entail that an ex parte decree would follow - If evidence adduced does not support claim of petitioner, Court cannot pass an ex parte decree - There is an obligation on the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was proceeded ex parte on the basis of notice sent through registered cover and report of postman regarding refusal - Postman not examined in evidence - Plaintiff knew that Director of defendant Company works in Hospital - Even, no effort was made to serve defendant on that address..........
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 -- Ex parte decree - Setting aside - Defendant came to know about ex parte decree only after receipt of notice in Execution petition - He immediately filed application U.O.9.R.13 CPC and also filed application U.O.16.R.1(2) CPC to issue summons to Post Master concerned to attend Court and give evidence - Further proceedings in..........
