Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree against husband - Setting aside - Service of summons - Merely on account of the fact that husband did not produce any oral evidence to support his application U.O.9.R.13 r/w S.151 CPC would not be the only ground to non-suit him, more so when facts of case are conspicuous to infer that..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree against husband - Setting aside - Service of summons - Manifest and explicit difference in writing as well as use of pens while mentioning endorsement of `receiving summons and copy of petition' as well as in writing and pen used for signatures allegedly shown to be of husband - When..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Money decree - Conditional warrants of arrest - JD No.4 is one of guarantors and was proceeded ex parte - Conditional warrants of arrest issued against JD No.4 - Wife of JD No.2 agreed to pay entire amount within 15 days - However, neither she had appeared before Court nor had paid decretal amount - JD No.2 is..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Trial Court ought to have examined contentions raised in counter affidavit filed on behalf of plaintiffs and proceeded with affording reasonable opportunity to defendants - Order allowing application U.O.9.R.13 CPC set aside - Matter remanded back to trial Court...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Application u/s 12 of the Act - Non appearance despite service of summons - Respondent to be proceeded ex parte - Warrants cannot be issued for securing his personal presence...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Provisions relating to setting aside of an ex-parte order are to be construed liberally so as to advance cause of justice and afford an opportunity to parties to contest the matter on merits, rather than deciding the same ex-parte...........
Partition suit -- Settlement deed - Father of plaintiff and defendant Nos.2 to 4 executed a registered settlement deed in their favour and by virtue of said settlement deed, plaintiff is having 1/4th undivided share in suit property - However, defendant Nos. 2 to 4 alienated entire suit property to defendant No.1 under a registered sale deed - Defendant No.1 also without..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Wife stated that she came to know the pendency of divorce petition through paper publication and she had attended the Court on 22.07.2022, but was unable to follow proceedings - It was only thereafter, she became aware that an ex parte decree had been passed - Court finds no material..........
Special Marriage Act, 1954, Section 27(b) -- Divorce - Desertion - Petition by husband - Wife not residing with husband since 1996 - Letter of 1999 addressed by wife to husband, contains a categorical statement that she was leaving him without force or influence, which corroborates the fact of separation - Even in the compromise entered before Legal Services Authority..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Original petition is for divorce involving lives of both the parties and causing grave consequences - It ought to be decided on merits rather than ex-parte - Ex parte decree, set aside solely on said ground subject to payment of costs of Rs.2000 to be paid to husband by..........
