Civil Procedure Code, 1908, Order 32, Rule 1 -- Suit by minor - Next friend found to be not proper next friend or proper guardian - Because of that defect, decree in favour of minor is not nullity - Court can suspend proceedings till defect is removed...........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Suit by minor - Attaining majority during pendency of suit - Decree passed thereafter - Defect that he was not represented by proper next friend stands cured...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - When main proceedings terminating either on merits or dismissal for non prosecution, order of maintenance pendente lite can be executed like a decree...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Legal representatives of defendant can file application to set aside exparte decree...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside -Presiding Officer on leave - Reader fixed the date for evidence - Failure to produce evidence on that date - Held, fixing of date by Reader of the Court is not permissible in law - Petitioners cannot be penalised for non production of evidence on the date of hearing - Impugned order set aside..........
Civil Procedure Code, 1908, Order 21, Rule 46-A, 101 -- Execution - J.D. known by two names - Objection raised that decree cannot be executed being in the name of some other person - Such question can be decided by executing Court...........
Hindu Marriage Act, 1955, Section 25 -- In granting relief under the provision Court is to keep in mind (i) Husband's own income; (ii) Income of the husband's other property, (iii) Income of the applicant; and (iv) Conduct of the parties - The object of providing maintenance is that none of the parties should suffer to get adequate justice from the court on account of his..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific perfor-mance -Amendment of plaint to add a party - Proposed party acquired subsequent interest by operation of decree of court - Held, a person who has got his interest in property declared by an independent decree not a party to agreement of sale, is not a..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Divorce petition of husband dismissed - Appeal pending - Joint petition for divorce by mutual consent filed - Parties living separately for a period more than one year - Parties not able to live together and mutually agreed that marriage should be dissolved - Wife agreeing that on receipt of a sum of..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Exparte decree - Setting aside - Decree obtained by concealing necessary facts and avoiding necessary parties - Such a decree can only be termed as a decree obtained by fraud on court & collusive - Though O.9 R.13 CPC does not apply, court can set aside such decree by exercising inherent powers u/s 151 - Even..........
