Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - If any third party has direct interest in property for which decree of specific performance is being sought, then Court ought to liberally permit him to be impleaded as a party to suit - In such situation, it would be appropriate to avoid multiplicity of litigation - In..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of decree holder (DH) - Substitution of son of DH - Petitioner along with his all brothers and sisters have received the notices under execution proceedings but they never came forward to get themselves substituted/impleaded in execution proceedings - Petitioner was thus,..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree - Arrest and detention of JD - Before ordering detention in civil prison, Executing Court is required to record satisfaction that JD possesses sufficient means and he has neglected or refused to satisfy decree...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Money decree - Arrest and detention of JD - Property was under dispute with JD`s own son, who challenged order of attachment and Court stayed execution proceedings - No material on record to show JD fetched any income from that property - Therefore, Court cannot arrive at satisfaction that JD..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Final decree - Partition suit - Where appeal against preliminary decree rejected even on the ground of limitation, it shall operate as a fetter to appellant's right to lay challenge to final decree on ground already raised and rejected during dismissal of appeal against preliminary decree - Appeal dismissed being not..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal - Partition suit - Earlier application u/s 5 of the Act filed along with appeal against preliminary decree containing identical assertions rejected by this Court - Rejection of earlier application thus, operates as res judicata - Moreover, there is no explanation of delay in filing appeal -..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - False allegations of illicit relationship levelled by wife in written statement - Wife failed to prove any illicit relationship between husband and his widowed sister-i, law - It amounts to cruelty - Award of decree of judicial separation set aside and marriage between parties..........
Hindu Marriage Act, 1955, Section 13B, 23(1)(bb) -- Divorce by mutual consent - S.23(1)(bb) of Hindu Marriage Act casts an obligation upon courts in the matter of divorce by mutual consent to satisfy itself that consent has not been obtained by force, fraud or undue influence - Court is obliged to make requisite inquiry in the matter before proceeding to pass a decree of..........
Hindu Marriage Act, 1955, Section 13B, 28, 23(1)(bb), 13B -- Divorce by mutual consent - Appeal against decree - Appeal is maintainable, if consent is obtained by force, fraud or undue influence...........
Madhya Pradesh Accommodation Control Act, 1961, Section 12 -- Eviction suit - Landlord can seek eviction of tenant only on the grounds specified in S.12 of the Act - Mere declaration of title in favour of landlord cannot entitle him to decree of eviction...........
