Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition - Final decree - Shares of parties already determined with plaintiff and defendant no.1 by passing a preliminary decree - It is only with respect to 2/6th share that there is inter se dispute between defendant no.2 and defendant no.3 - Said dispute does not fall adjudication in the present suit, as it is already a..........
Partition Act, 1893, Section 2 -- Partition - Final decree for partition by sale - Not barred u/s 2 of the Act, in the event of inter se dispute between two or more persons with respect to one share in property, particularly when other share in property is not affected by said dispute...........
Hindu Marriage Act, 1955, Section 28(4), 13, Family Courts Act, 1984, Section 19 -- Appeal - Divorce decree or any other decree passed under 1955 Act is appealable u/s 28 of 1955 Act r/w S.19 of 1984 Act - However, period of limitation for filing appeal as provided under 1955 Act being substantive law, would prevail over limitation prescribed in 1984 Act being procedural..........
Specific Relief Act, 1963, Section 28 -- Decree of specific performance - To be executed on determination of market value as on date of Supreme Court Judgment - Four years elapsed - Determination of price leading to payment hereof, is being unreasonably delayed by plaintiffs as plaintiff is in possession of property and while he is continuing to use the property does not..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Various attempts made to unite the parties but failed - No useful purpose would be served in maintaining the matrimonial bond - Moreover, where a marriage is broken down irretrievably, insistence by one to continue with matrimonial bond itself would be evidence of desire to inflict..........
Civil Procedure Code, 1908, Section 9, 47, 11 -- Second suit to execute decree in a former suit - Execution of decree in the former suit became time barred - Second suit does not lie to enforce a decree passed in an earlier suit where execution of decree passed in earlier suit became time barred - However, in case a subsisting right continues to vest in the plaintiff to..........
Hindu Marriage Act, 1955, Section 12(1) -- Divorce - Wife pregnant by some other person at the time of marriage - Unimpeachable evidence available on record that female child born to wife within 6 months 13 days of marriage, from other than husband - Decree of divorce rightly passed in favour of husband...........
Civil Procedure Code, 1908, Section 44A -- Execution - Foreign judgment - It is necessary for execution u/s 44-A CPC, that certified copy of decree of any of Superior Court in any reciprocating territory is to be produced - In the absence of the same, there is clear bar of jurisdiction for entertaining the execution petition...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Application - for setting aside ex parte decree is not maintainable, where appeal is already disposed of/decided...........
Civil Procedure Code, 1908, Section 152 -- Correction of decree - Suit for declaration of gift deed as null and void decreed by Trial Court by ignoring the subsequent amendment which was allowed to incorporate the fact of cancellation of gift deed - Though both the reliefs i.e relief of declaration that gift deed is null and void and relief of cancellation of said deed..........
