Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1 -- Ex parte decree - Setting aside - Dismissal of application for condonation of Delay - It is revision and not appeal which lies against dismissal of application for condonation of delay...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Hindu Adoptions and Maintenance Act, 1956, Section 22, 21 -- Suit for recovery of arrears of maintenance and fixation of future maintenance - Trial Court created charge upon property of defendant with further direction that defendant will seek permission of Court in case he wants to sell the property - Prima facie case is in..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing of written statement within prescribed period - Striking off defence - Provision of O.8.R.1 CPC is directory and not mandatory in nature - Order dismissing application for striking off defence of defendant, upheld...........
Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 23A, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Issues - Omission to frame an issue regarding cruelty - When one party affirmed a fact or law and denied by other, Court is bound to frame an issue or point of consideration depending upon pleadings on record - Trial Court failed to..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Filing beyond 30 days - Defendant received copy of plaint wherein certain pages were missing - Copy of those pages was given subsequently on 31.7.2006 - Defendant filed written statement on 11.9.2006 - Provision of O.8.R.1 is directory and not mandatory - Liberal approach should be adopted in granting time..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Ex parte decree - Setting aside - Dismissal of application - Held, it is appeal and not revision which lies thereagainst...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within time - Provision of O.8.R.1 CPC is directory and not mandatory - Court can extend time for sufficient reasons - In the instant case Court itself felt that there are sufficient reasons for not filing the written statement due to filing of so many applications by plaintiff regarding which..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Section 151, Order 22, Rule 10 -- Impleading of a party - Sale during pendency of suit - Sale by itself not void - Sale deed will remain valid subject to determination of dispute by Court - Pendente lite purchaser allowed to be substituted/impleaded U.O.22.R.10 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Defendant can seek temporary injunction in a suit filed by plaintiff only U.O.39.R.1(a) - However, defendant cannot maintain an application U.O.39.R.1(b) and (c) CPC at all, irrespective of the fact that his right to such relief arises either from the same cause of action or a cause of action that..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1 -- Temporary injunction - In cases which do not fall U.O.39.R.1 of the Code, Court has inherent jurisdiction to grant relief of injunction in its discretion, if it is satisfied that such an order is necessary to meet the ends of justice or to prevent abuse of process of Court as nothing in the Code limits or..........
