Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - Husband remarried after passing of the ex parte decree - Held, when sufficient ground is established for setting aside ex parte decree, relief cannot be denied merely because the other party has performed remarriage after ex parte judgment and..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Held, a subordinate Court has jurisdiction U.O.9.R.13 CPC and u/s 5 of the Limitation Act to set aside an ex parte decree and to condone the delay caused in filing such application when to the satisfaction of Court sufficient cause is shown by applicant -..........
Hindu Marriage Act, 1955, Section 15, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree of divorce - Re-marriage - When permissible? - Held, circumstances in which a party to the decree of divorce can lawfully remarry emerges as follows - (i) If an application U.O.9.R.13 of CPC for setting aside an ex parte decree of divorce is not filed within the period of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant not led any documentary evidence to depict as to how and when they learnt of ex parte judgment - It is rather surprising that application for setting aside moved not long after passing of ex parte judgment - It would depict that defendants were keeping watch on proceedings of suit..........
Civil Procedure Code, 1908, Order 5, Rule 17, Hindu Marriage Act, 1955, Section 13 -- Divorce - Ex parte decree obtained by fraud - Setting aside of - Condonation of delay - Held, it is well known proposition of law that fraud vitiates everything - In a given case, delay of few days may not be condoned and in a given case, delay of years can be condoned, as per facts of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 15 -- Ex parte divorce decree - Setting aside - Opposed by husband on the ground that he remarried and has one child from the second marriage - There was no service of summons in the divorce petition on the wife at all - Husband performed second marriage within three days of passing of ex..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant not served with summons in suit - Their address in suit was also not correct - Defendants had no knowledge about pendency of suit - However, Advocate appeared on behalf of defendant by filing memo of appearance - Plea of defendants that they had never authorized Advocate to put in..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - After passing of the decree husband remarried - Held, just because husband has remarried, the requirement of proper service cannot be done away with...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Case not of irregular service but of no service - Ex parte decree rightly set aside...........
Arbitration and Conciliation Act, 1940, Section 14, 17, Limitation Act, 1963, Article 119(b) -- Arbitration award - Made rule of the Court ex parte - Setting aside - Objection filed more than a year thereafter - Limitation period for filing objection was 30 days from date of service of notice of filing of Award - Even no ground whatsoever was pleaded for condonation of..........
