Civil Procedure Code, 1908, Order 6, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 14 -- Pleadings - No document can be brought on record without any substantive pleading...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 12 -- Ex parte judgment - Setting aside - Proceedings u/s 12 of Hindu Marriage Act - Wife was not duly served with notice and procedure adopted for directing substituted service being vitiated, therefore, ex parte judgment set aside - Matter remanded back to Family Court for decision afresh ...........
Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Appeal - Order setting aside ex parte decree and remand of case - Suit decided without affording opportunity to parties to adduce evidence on the issues framed - Trial Court therefore decided the suit without following due procedure of law, which is gross illegality in the eyes of law - Order setting aside ex parte decree..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Set aside subject to condition for deposit of Rs.10 lakhs - Huge amounts were due from defendant to plaintiff - Defendant is continuing in possession of property under license agreement for past four years without paying any amount either as lease amount or license fee - Court had imposed a condition for..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9, Limitation Act, 1963, Section 5 -- Death of defendant - Substitution of LRs - Condonation of delay - Suit is at the stage of evidence of defendants - Court at that stage generally lean in favour of deciding lis between parties on merit rather than shutting out hearing on the grounds of technicalities - Moreover, petitioners..........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - First appellate Court has not uttered a single word in respect of dispute between plaintiffs and defendants on merit, but erroneously remanded the matter back for giving an opportunity to interveners whose claim against defendants is based on entirely different story and cause of action - Order of remand set aside -..........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Abatement of suit - Death of one of defendants - When there are more than one defendants, entire suit cannot be held to be abated on the death of one of defendants, as right to sue survives against other defendants - Power of exemption is available to Courts U.O.22.R.4(4) CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Change of counsel and advice given by newly engaged counsel to petitioner is not a ground to permit him to amend the pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment application filed after evidence of PW2 - Case is now coming up for evidence of defendants - Reasons stated by defendant for not being able to take proposed amendment prior to commencement of trial is not sufficient to conclude that in spite of due diligence, defendant could not..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendants acquired knowledge on the basis of summons which were issued in execution case - Even in main suit summons were not served and it is not disputed that there was no order passed by Court or even on registered cover sent by Court that summons were either refused or deliberately..........
