Family Courts Act, 1984, Section 8, Civil Procedure Code, 1908, Section 9 -- Petition for maintenance - Jurisdiction of Civil Court - Exclusion of - Civil Court had jurisdiction when the suit was instituted by the petitioners - Jurisdiction of Civil Court was excluded by virtue of S.8 of the Family Courts Act and consequently, on establishment of the Family Court for..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Lis pendens - Filing objections in the execution of decree - After dismissal of objections filing application on similar grounds to set aside exparte decree - Held, application is hopelessly time barred even if benefit of time spent in pursuing the execution proceedings is given to the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 12 -- Exparte decree - Setting aside - Delay - Condonation - Delay in filing application - Ground of ill-health of wife and wife taken out of station on relevant date - Delay has to be condoned...........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local commissioner - Appointment - Revision against - Not maintianble...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Appointment - Can only be after framing of issues...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local commissioner - Appointment - Court is required to give reasons for arriving at its decision - An unreasoned order cannot partake the character of a judicial order...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Defendant absent and no evidence on his behalf recorded - Contention that post amendment of CPC, provision of O.17.R.3 CPC attracted and that application U.O.9.R.13 is not maintainable, rejected - Held, application U.O.9.R.13 is maintainable...........
Civil Procedure Code, 1908, Order 26, Rule 9, 10 -- Objection to report of Local Commissioner - Additional issue framed on the report of LC - Objections against the report of LC - Suit decreed - In appeal contended that objections against report of LC not decided by Trial Court - Judgment of Trial Court set aside - Case remanded back for fresh decision with directions to..........
Civil Procedure Code, 1908, Section 9, Order 39, Rule 1, 2 -- Interim Injunction - Bar of jurisdiction of Civil Courts - Plaintiff secured loan by hypothecation and charge from the Financial Institution - Financial Institution issued notice for enforcement of obligation - Plaintiff filed suit for mandatary injunction - Application for interim injunction also filed -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit for possession filed by plaintiff - Defendant proceeded exparte - Suit decreed - Application for setting aside exparte judgment and decree - Issues framed - Application dismissed by Trial Court - Appellats Court recorded a finding that defendant not served either through ordinary process or by way of proclamation -..........
