Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application filed within 30 days of receipt of certified copy - Knowledge of ex parte decree 11th Sep. - Applied for copy on 12th Sep. - Date fixed for supply of copy 13th Sep. - Copy not ready on that date - Copy ready on 18th Sep. - No notice that copy is ready given - Copy received on 25th..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 19 -- Written statement - Amendment - Sought due to impleadment of party being necessary party - He does not set up title adverse to first appellant or not claiming independent title - Amendment sought not going to change character of suit for specific performance - Amendment allowed...........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 1, Rule 8(4) -- Withdrawal of suit - Representative suit filed U.O.1.R.8(4) CPC - Court cannot permit withdrawal of suit without giving notice of application to all the persons interested in the suit - Order allowing withdrawal of suit without complying with the mandatory provision set aside...........
Civil Procedure Code, 1908, Section 21, 100 -- Jurisdiction - Objection as to - Appellant raised objection as to place of suing but lower appellate Court allowed appeal without considering as to whether there was any failure of justice to appellant on account of lack of territorial jurisdiction - Impugned order set aside - Lower appellate court directed to decide appeal..........
Civil Procedure Code, 1908, Order 21, Rule 90(2) -- Auction sale - Setting aside - Appellant suffered substantial injury by reason of sale - Held, not sufficient to set aside sale unless substantial injury has been occasioned by material irregularity or fraud in publishing and conducting sale...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree not to be set aside on an assumed irregularity in service of summons if defendant had notice of date of hearing and had sufficient time to appear and answer the plaintiff's claim...........
Civil Procedure Code, 1908, Order 41, Rule 23, 23, 25 -- Remand - Trial Court directed to appoint Commissioner for site inspection and decide ownership of disputed plot on the basis of report of Commissioner - Held, Local Commissioner cannot be appointed to collect evidence nor can ownership be decided on the basis of report of Commissioner - On the other hand, case does..........
Civil Procedure Code, 1908, Order 21, Rule 32(1) -- Execution - Detention in civil prison - Decree of perpetual injunction - Breach of decree - Other modes of complying the decree viz. to attach the property, providing an opportunity to the J.D. to obey the decree etc. not adhered to - Order of detention in civil prison can be passed as the last resort - Impugned order set..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Section 13, 14 -- Divorce decree of foreign Court - Couple of Indian Origin acquired citizenship of USA - Married in USA as per Hindu ceremonies - After divorce, custody of child given to husband - Wife came back to India along with child - Husband came to India and filed Habeas Corpus Writ against wife -..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Ex parte decree passed U.O.37.R.3 - Setting aside - Plea that proper instructions could not be given to Advocate to defend the suit - Held, it is not a special circumstance within meaning of O.37.R.4 CPC to set aside the decree...........
