Civil Procedure Code, 1908, Order 9, Rule 13, Family Courts Act, 1984, Section 10 -- Ex parte divorce decree - Setting aside - Service of summons - Provisions of CPC are applicable in proceedings conducted by Family Court as per S.10 of Family Courts Act and hence, provisions with regard to service of summons as mentioned in CPC are also attracted for regulating the..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree against husband - Setting aside - Service of summons - Merely on account of the fact that husband did not produce any oral evidence to support his application U.O.9.R.13 r/w S.151 CPC would not be the only ground to non-suit him, more so when facts of case are conspicuous to infer that..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree against husband - Setting aside - Service of summons - Manifest and explicit difference in writing as well as use of pens while mentioning endorsement of `receiving summons and copy of petition' as well as in writing and pen used for signatures allegedly shown to be of husband - When..........
Civil Procedure Code, 1908, Order 18, Rule 4 -- Affidavit of examination-in-chief - Witness stated in Court that examination-in-chief was not recorded under his instructions nor does he know the contents of his examination-in-chief - Evidentiary value of his statement in cross examination is seriously dented...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issue - Once an issue has been finally decided, trial Court lacks jurisdiction to re-open or revisit the same...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Petitioners have nowhere asserted their possession over suit property - They have claimed merely a right of passage through said land to their house that too by way of easement - Objections filed by petitioners were meritless being not maintainable - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Provision of O.21.R.97 CPC can be invoked only by a person asserting his possession on the decretal land/property in his own independent right to protect such possession...........
Civil Procedure Code, 1908, Section 115 -- Revision - Microscopic scrutiny of pleadings and evidence in revisional jurisdiction is not permitted until jurisdiction as exercised by two Courts concurrently is ex facie without authority...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Object of S.10 CPC is to prevent Courts of concurrent jurisdiction from simultaneously proceeding with parallel suits involving issues that are directly and substantially the same...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Statutory expression "matter in issue is directly and substantially in issue" signifies an issue that forms the core of dispute, as distinguished from questions that arise merely incidentally or collaterally - Common property forming the subject matter of litigation does not by itself, attract bar of S.10..........
