Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Factum of solemnization of marriage and that consent is not obtained by force, fraud or undue influence - Not ascertained before passing decree - Court also did not made effort for settlement of dispute, which is mandatory requirement of S.9 Family Courts Act and O.32-A.R.3 CPC - Mandatory provisions of..........
Agreement to sell -- Specific performance - Plea of hardship - Defendant took plea that plaintiff in the garb of loan fraudulently obtained his signatures - Since fraud was played defendant alleged that he will suffer hardship in the event of execution of sale deed - However, no evidence led by defendant to substantiate his plea - Trial Court after considering pleadings,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that ex parte decree obtained by defendant against father of plaintiffs was illegal, null and void and not binding upon plaintiffs - No evidence on record that decree in question was obtained by playing fraud upon Court - Neither father of plaintiffs nor plaintiffs filed any application for..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Courts have to be satisfied about mutual consent between parties on basis of tangible material which demonstrably disclose such consent - However, if decree is obtained by fraud which is an intrinsic, collateral act, indeed vitiates the most solemn proceedings of Courts of justice and if it has been..........
Civil Procedure Code, 1908, Section 11 -- Ex-parte decree - Obtained by committing fraud - Decree will not operate as res judicata...........
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, Section 151, Order 23, Rule 3, 3A -- Consent decree - Setting aside - Fraud - Court has inherent power to recall and set aside order obtained by fraud practiced upon Court or when Court is mislead by party even though applicant is not a party to suit...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3A -- Consent decree - Setting aside - Fraud - Application by third party - Maintainability - Once even if such third party having slightest interest in the suit property files an application for setting aside a decree obtained by a party by practicing fraud upon Court, S.151 CPC stands attracted to such..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3A -- Consent decree - Setting aside - Fraud - Even if wrong provision is mentioned in the application for setting aside decree obtained by fraud, that would not be fatal to maintainability of such application considering the reliefs claimed in such application which was even otherwise falling U.O.23.R.3A CPC...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3A -- Consent decree - Setting aside - Fraud - Respondent No.1 in collusion with third party obtained consent decree by practicing fraud upon Court in respect of suit premises - Since no authority had been given to respondent No.1 to execute the power of attorney in favour of third party on behalf of firm, no..........
