Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Report of Local Commissioner - Defendants have filed objections to Commissioner's report - When defendants have filed objections to Commissioner's report, defendants could have examined Court Commissioner - However, trial Court without permitting defendants to examine Court Commissioner, placed reliance on report of Court..........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim maintenance - Marriage between parties has been declared null and void by declaratory decree - It shall relate back to date of marriage - Once marriage of parties itself has been declared void-ab-initio, subsequent relationship between parties is of no consequence - Since there is no relationship..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte divorce decree - Setting aside - Substituted service - Notices issued to husband had been received back unserved - Wife did not bother to file either process fee or correct address and rather straightaway proceeded to move an application for substituted service U.O.5.R.20..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- 2nd Proviso - For applicability of second proviso to O.9.R.13, two things are required - Firstly, mere irregularity in service is not sufficient and secondly, Court should be satisfied that defendant had notice of date of hearing and had sufficient time to appear and answer plaintiffs claim - If both conditions are satisfied..........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Trial Court while taking into account evidence on record decreed suit but could not come to a specific finding to the effect that plaintiff was in possession of suit land on the date on which it was alleged that defendants entered into suit land - Taking into account that proceedings are summary in..........
Registration Act, 1908, Section 17 -- Registration - Compromise decree cannot be set aside on the ground of non-registration having regard to fact that it was based upon prior family settlement between parties...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Challenge thereto - Plaintiff failed to prove that compromise decree was result of any fraud or misrepresentation or that her thumb impressions were obtained on pretext of obtaining loan from bank - Since there was not any kind of fraud or misrepresentation to plaintiff, subsequent Court could not set..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third parties - Suit for specific performance - Respondents are not necessary party to suit as effective decree can be passed in their absence - Moreover, respondents have already filed a separate suit for enforcement of their claim against third party - Therefore, they are neither necessary nor proper party to..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Appellate Court apart from recording its concurrence to findings recorded by trial Court has not assigned any reason in support of its conclusions - Being final Court of fact, it is duty of appellate Court to re-appreciate the evidence independent of findings recorded by trial Court and..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Reasons for delay were well explained in application U.O.9.R.13 CPC and thereafter application u/s 5 of Limitation Act was also submitted for condonation of delay - Application U.O.9.R.13 CPC was not defective - Moreover, delay was hardly of six days and same was explained by petitioners - Ex..........
