Civil Procedure Code, 1908, Section 15 -- Suit to be instituted in the Court of lowest grade competent to try the suit - It does not oust the jurisdiction of the Court of higher grade - Even if the Court of higher grade disposes of the suit then its decision is not without jurisdiction and decree is not a nullity...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Mutual consent should continue till the divorce decree is passed - Court should be satisfied about the bona fides and consent of the parties...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - If during lie over period parties have met and lived as husband-wife, they are not entitled to the decree of dissolution - Court should also satisfy that mutuality on consent persisted in both the parties - If one party has change of heart or second thought in the meanwhile, Court has no jurisdiction to..........
Civil Procedure Code, 1908, Order 34,, Rule 7, 8, Limitation Act, 1963, Section 6, 7, 8 -- Redemption - Person under disability - Limitation - Extension of time to deposit the redemption money - Anomalous mortgage - Petitioner filed the suit for possession by way of redemption as minor through guardian on 27.11.1980 - Suit partly decreed on 29.10.1981 - Preliminary decree..........
Civil Procedure Code, 1908, Order 34, Rule 8(1), Limitation Act, 1963, Article 137 -- Mortgage & other than usufructuary - Suit for possession by way of redemption - Limitation for getting the final decree passed - Limitation is three years from the date fixed in the preliminary decree, unless it is stayed or suspended or the time prescribed in the preliminary decree is..........
Civil Procedure Code, 1908, Order 34,, Rule 8(1), Civil Procedure Code, 1908, Section , Order 34,, Rule 7(2) -- Usufructuary mortgage - Redemption - Final decree - The mortgagee is not entitled to apply for final decree - Only a mortgagor can apply to the Court to pass a final decree on payment of the amount found due under the preliminary decree till his right to redeem..........
Civil Procedure Code, 1908, Order 34,, Rule 7, 8 -- Usufructuary mortgage - Redemption - Preliminary decree - Default in depositing the mortgaged amount - Mortgagor in usufructuary mortgaged is not debarred from a right to redeem the mortgaged property...........
Civil Procedure Code, 1908, Order 34,, Rule 7, 8 -- Mortgage by conditional sale or anomalous mortgage - Final decree - Failure to pay the amount declared due by preliminary decree - The mortgagee can pray for passing a final decree debarring the mortgagor from claiming his right to redeem the property...........
Civil Procedure Code, 1908, Order 21 -- Execution - Against L.R's - Decree can be executed only to the extent of the property which has come to the hands of L.R's from the judgment-debtor...........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Exparte decree - Setting aside - Appellant is required to prove that he had sufficient cause for remaining absent and is also required to prove that he has a reasonably good defence on merits on the basis of which appellant can be granted leave to defend...........
