Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendant failed to appear on account of illness and subsequent death of her husband - Sufficient cause shown by defendant for her no, appearance before trial Court - Delay condoned - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Stage of proceedings is not relevant for correction of clerical/typographical mistakes which can be corrected even after passing of judgment and decree and can even be corrected during pendency of appeal - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 13(1)(ia), 12(1)(c) -- Amendment of plaint - Divorce petition - Ground of cruelty by wife - Husband through proposed amendment seeks relief for grant of decree of annulment of marriage as main relief and decree of divorce as an alternative relief - Apparently the relief for annulment of..........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Deemed to be a decree of Civil Court - Award is final and binding on all parties to dispute - Remedy by way of appeal is barred against award...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty against husband - Irretrievable breakdown of marriage - In the absence of proof of cruelty, Court committed serious error in granting decree of divorce only on the ground of parties living separately for a long time and that by such separation, marriage has irretrievably broken down - Impugned decree of..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining husband to interfere in the wife's possession of property - Wife being legally wedded wife of husband, is entitled to enjoy the benefit of house, in which she is permitted to stay under compromise deed - Family Court rightly granted decree in favour of wife - No exception can be taken to said..........
Specific Relief Act, 1963, Section 37, 38 -- Injunction suit - Possession of property - Suit property is an abadi land - Revenue record filed by plaintiff and judgment and decree of earlier suit shows that there was declaration by competent Court regarding possession of father of plaintiff over suit property - Simply because defendants were not party in said suit, findings..........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Appeal against ex parte decree - Defendant in an appeal filed against ex parte decree cannot be allowed to show that he was prevented by sufficient cause from appearing at the hearing - As for that purpose, defendant must have recourse to the special procedure U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case - Suit for permanent injunction - Both the parties claiming right over suit property by virtue of sale deeds in their favour - High Court committed error in dismissing appeal against ex parte decree passed by trial Court and relegating defendants to file a fresh suit - Since both the parties claiming right..........
Agreement to sell -- Specific performance - Suit decreed as : (i) Necessary requirements of S.16(c) of Specific Relief Act read with requirement of Forms 47, 48 of Appendix `A' CPC and S.54 of Limitation Act are pleaded by plaintiff; (ii) execution of agreement with plaintiff not disputed by defendant; (iii) plaintiff had already paid more than 50% of sale consideration to..........
