Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for possession, permanent injunction and recovery of plot - Defendant sought impleadment of Sub-Registrar and additional Collector for the purpose of determining the validity of documents produced on the basis of which plaintiff had purchased the disputed property - However, no relief is sought..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree can be set aside by Court where defendant satisfies Court that : (a) summons were not duly served upon him; (b) he was prevented by any sufficient cause from appearing before Court when suit was called for hearing...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Due to health issues counsel for defendant could not appear - Merely because counsel representing defendants failed to make some alternative arrangement, defendants cannot be made to suffer for the same as it would not be in the interest of justice - Defendants have shown sufficient cause..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Petition by husband - Allegation with regard to wife not permitting him to meet his parents and friends and regarding misbehaviour with him in front of his friend and hospital staff and also having lodged frivolous complaints against husband, alone is not sufficient to grant a decree of divorce...........
Hindu Marriage Act, 1955, Section 10 -- Judicial separation - Once the relationship between the two reached of irretrievable breakdown, marked with desertion, more than 5 years, then compelling the couple to live together will not serve much purpose by giving decree of judicial separation - Survival of marriage for 19 years does not mean that all things were good between..........
Hindu Marriage Act, 1955, Section 10, 13 -- Judicial separation and divorce - Difference - (i) Concept of Judicial Separation rests upon the consent and circumstances of couple and hope of survival of their relation while the divorce is the decree which is based upon the allegations and counter allegations of parties in lis; (ii) Judicial separation is a mechanism whereby..........
Hindu Marriage Act, 1955, Section 10 -- Judicial separation - Decree of judicial separation can be passed only if either party agreed to - Court cannot bound the parties to cohabit with each other without their will or any application/petition filed in that behalf...........
Hindu Marriage Act, 1955, Section 10 -- Judicial separation - Wife filed application u/s 13(1)(ia) of the Act seeking divorce on the ground of cruelty and she neither want judicial separation nor she prayed so in any of her averments made before the Family Court - She wanted divorce throughout - Evidence available on record shows various instances of cruelty towards wife -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents were created only to frustrate the purpose for which civil suit was filed - Application U.O.41.R.27 CPC filed with object to frustrate and defeat the judgment and decree - Application dismissed...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit for recovery - Procedure for appearance of defendant - In a summary suit, next date should not be mentioned except requiring the defendant to cause his appearance before the Court within ten days from the date of receipt of summons - If he fails to appear within the said ten days, plaintiff will be entitled for a..........
