Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - Maintainability - Husband has not filed application U.O.9.R.13 CPC on the ground of non-service of summons on him - Therefore, O.9.R.13 Second Proviso CPC is not attracted - Reliance on second proviso by wife is thus found to be misconceived -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13, 28 -- Ex parte divorce decree - Setting aside - In view of S.21 of Hindu Marriage Act, applicability of provisions of O.9.R.13 CPC cannot be ousted...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of execution petition for filing the same before appropriate forum - Absence of express liberty in the order cannot affect the period of limitation while decree holder specifically made a prayer for withdrawal of execution case for filing before appropriate forum for want of jurisdiction...........
Transfer of Property Act, 1882, Section 106 -- Lease - Termination - Failure to vacate premises by tenant - Damages - Damages would come into effect only after expiry of tenancy period i.e. after 7 years in terms of Rent agreement - Thus, damages per day from date of filing of suit may not be sustainable - Tenant shall pay sum of Rs.1,25,000 as monthly rent for remaining..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for possession - Demarcation of property - Property was easily identifiable - There was no dispute regarding identity of property - Dismissal of application calls for no interference...........
Hindu Marriage Act, 1955, Section 10 -- Decree of judicial separation can be granted in a petition filed for divorce - However, no such power is contemplated in a petition filed for restitution of conjugal rights...........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 43, Rule 1A(2) -- Appeal - Compromise decree - A person who was not a party to the suit, but whose rights are hurt by a consent decree, may approach Appellate Court in a First Appeal u/s 96 CPC, but only after obtaining leave and in that appeal appellant may by virtue of O.43.R.1-A(2) CPC..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Court which passes a decree or order is empowered to entertain and pass orders in an application filed by a party who is entitled to any benefit by way of restitution or otherwise...........
Civil Procedure Code, 1908, Section 11, Order 9, Rule 2, 3 -- Dismissal of suit in default U.O.9.Rr.2, 3 CPC - Res judicata - An order of dismissal of a suit or application in default U.O.9.R.2 or U.O.9.R.3 CPC is neither an adjudication or a decree nor it is an appealable order - If that is so, such order of dismissal of a suit U.O.9.R.2 or U.O.9.R.3 CPC does not fulfill..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Necessary and proper party - A necessary party is a person in whose absence no effective decree could be passed at all by Court - Whereas a proper party is one who though not a necessary party is a person whose presence would enable Court to effectively and adequately adjudicate upon all matters in..........
