Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Suit filed by plaintiff for setting aside compromise petition and consequential decree on the ground of fraud and misrepresentation, not maintainable in view of bar provided U.O.23.R.3A CPC - Suit rightly dismissed...........
Hindu Marriage Act, 1955, Section 13B, 25, 26 -- Divorce by mutual consent - Maintenance - Trial Court can pass an order for maintenance under the scheme of Ss.25 & 26 of the Act only on the agreed terms of the parties while passing a decree by mutual consent invoking provision u/s 13-B of the Act...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Direction as to lien of minor over ancestral property - No material to show that issue as regards lien of minor over property of her father was the subject matter of adjudication before trial Court - No issue as regards to lien of minor over property in question was formulated by trial Court - Trial Court..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Ordinarily the function of Receiver comes to an end with the final decision of case - However, even after final decision, Court has discretion to take further assistance of Receiver as and when need arises - In the instant case decree put to execution - Executing Court while executing decree may take assistance of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay of 21 days - As defendant was not duly served as such she could not have been proceeded ex parte - Delay sufficiently explained that defendant was a rustic lady and she could not arrange funds - Delay condoned - Ex parte decree rightly set aside...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Allegation by wife that her husband has an extra marital affair with a lady working under him - Husband though admitted that said lady is working under him but he specifically denied the said allegation - Mere failure to prove such allegation would not entitle husband to a decree of divorce - Conduct..........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty & desertion - Filing of maintenance case by wife with averments that she was beaten and necked out by husband despite decree of restitution of conjugal rights, does not constitute either cruelty or desertion...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Plea of fraud - Decree alleged to be obtained by fraud - Once plea of fraud has been set up by defendant before Executing Court and credible evidence in support of such plea was also placed, it was incumbent upon the Executing Court to have examined the issue of fraud, on merits, and such plea ought not to..........
Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 30, Rule 4(1) -- Eviction petition - Tenant a partnership firm - Eviction petition against partnership firm and partners - Death of one of the partners - Since firm is a tenant and merely because one of the partners died, suit would not abate as decree is to be passed against firm, which is a..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Executing Court without application of mind has framed the issues, at the stage when the JDs. were left with absolutely no right, title or interest in the suit property - Objection Petition is nothing but a contrivance of JDs in collaboration with the objectors to further delay and dilate..........
