Partition suit -- Plaintiff is legally wedded wife of deceased - Deceased married to first defendant during subsistence of his marriage with plaintiff - First defendant thus, cannot be regarded as legally wedded wife of deceased, however, two children born to first defendant and deceased are illegitimate children and entitled to claim share in suit properties - Even,..........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Appearance of presiding officer in a public gathering of handing over of land by revenue officials which figures respondent no.3 cannot be a ground for transfer - Application dismissed...........
Public road -- Construction of religious structure - Removal of encroachment - A road or a street does not have any religious character - Irrespective of nature of superstructure, whether it is religious or irreligious, in case it is an encroachment on a street or a public place or on a land vested to or belonging to a local body, Commissioner is statutorily required to..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Setting aside - Court never fixed case for filing written statement and no opportunity was granted to defendant to file written statement nor right to file written statement was closed by Court prior to case proceeded ex parte - Even if defendant or..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22, Rule 9, 3 -- Condonation of delay - Abatement of suit - Partition suit - Delay was occasioned due to petitioners being unaware of pendency of suit - Explanation offered by petitioners is plausible and ought to have been accepted by trial Court - In a suit for partition, it is in the interest of all..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Service of summons - Defendant not present at the spot - Defendant proceeded ex parte on the basis of affixation of summons and copy of plaint at the door of defendant's house - A duty is cast upon Court to get parties personally served and in case a litigant does not meet at the spot,..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - If ex-parte decree is passed on the basis of `refusal of notice' trial Court is duty bound to examine process server...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Proof of service of summons is essential condition for proceeding ex-parte against concerned defendant - It was incumbent on part of trial Court to examine Process Server and witnesses of refused notice/summon on oath...........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Re-hearing of appeal - Ex parte decree passed in second appeal - No document to show that applicants were aware about listing of case - Even Court had not issued any SPC to respondents in view of absence of their counsel - Applicants have shown sufficient cause that prevented them from appearing before Court in second appeal..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to be introduced in relation to partition decree is neither relevant nor bona fide - Same has been sought to be introduced at a belated stage without providing any justifiable explanation for delay - Amendment application rightly rejected qua partition..........
