Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal against ex parte divorce decree - Nothing on record to show that wife had left her permanent address at any point of time - It cannot be said that wife had no communication with her permanent address and never came to her permanent address, as disclosed in the cause title of appeal, during the..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Counsel engaged did not appear - No reasonable cause as to why applicant could not be present on the date when Court directed to proceed ex parte was shown/pleaded by applicant - Dismissal of application calls for no interference...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plea that counsel did not inform applicant of further proceedings - No absolute rule that a party can disown its Advocate at any time and seek relief - No such absolute immunity can be recognized - Such an absolute rule would make the working of system extremely difficult - Order..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Wife suffered an ex parte divorce decree on 7.6.2016 and application to set aside ex parte decree has been numbered only on 11.1.2017 - Husband got remarried in the meantime after waiting for six months and begotten two children through second..........
Indian Penal Code, 1860, Section 427, 447, 323, 341, 504, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Offence u/ss 427, 447, 323, 341, 504 IPC - Quashing of FIR - Property dispute between parties - Allegation that accused entered into land in question and demolished fencies etc. and made attack on complainant by fist and kicks - Whether allegations against..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Setting aside ex parte decree and condonation of delay are different on the basis of facts and events - These proceedings must be adopted and pursued independently...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree set aside while condoning delay - However, there was no justification for setting aside ex parte decree - Order condoning delay affirmed whereas order setting aside ex parte decree set aside - Trial Court to decide application afresh...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Setting aside - Service of summons - Notice was refused to be accepted by defendant - It was bounden duty of process server to affix notice in terms of O.5.R.17 CPC - Same having not been done, service cannot be termed to be proper - As regarding delay in filing..........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Marriage Act, 1955, Section 9 -- Rejection of petition filed u/s 9 of Hindu Marriage Act - Ex parte divorce decree passed against wife - However, wife already filed an application to set aside said ex parte decree - Therefore, there is every possibility of restoration of divorce petition filed by husband for disposal on..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte judgment was passed without fixing a date for ex parte hearing, as such taking away rights of defendant to show reasons for non-appearance as permitted U.O.9.R.7 CPC - Ex parte judgment set aside - Matter remitted back to trial Court...........
