Civil Procedure Code, 1908, Order 32, Rule 15 -- Lunatic - Decree against - No formal order passed appointing a guardian from the date of institution of suit till the appointment - No prejudice caused to the J.D. - Suit not null and void - Court has jurisdiction to try the suit...........
Hindu Marriage Act, 1955, Section 25 -- Expression 'Any decree' - Includes declaring marriage as null and void...........
Hindu Marriage Act, 1955, Section 25 -- Maintenance can be claimed even after the declaration of marriage as null and void by decree...........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution - Only that much of the property is to be sold which is sufficient to satisfy the decree - Order of sale without considering this aspect - Sale can be said to be illegal and null and void...........
Civil Procedure Code, 1908, Order 32, Rule 15, 3 -- Lunatic - Decree against a lunatic without a guardian being appointed is a nullity - If a decree is null and void, it is not necessary to set aside the same...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99, 100, 101 -- Person other than J.D. dispossessed - Such person can either file application U.O.21.R.99 before Executing Court or to file suit for restitution - Both remedies cannot be resorted to at the same time - Where person dispossessed has filed suit for restitution when his application U.O.21.R.99 is before Executing..........
Civil Procedure Code, 1908, Section 47 -- Execution - Executing Court cannot declare decree as null & void on the ground that there was no proper and due notice...........
Punjab Village Common Lands (Regulation) Rules, 1964, Rule 6, Specific Relief Act, 1963, Section 34 -- Suit for a mere declaration - Plaintiff entitled to further relief of mandatory injunction - Failure to claim - Suit not maintainable as a mere declaratory decree not executable - Suit for declaration that plaintiff a bona fide auctio, purchaser of trees standing in..........
Punjab Tenancy Act, 1887, Section 77, Civil Procedure Code, 1908, Section 9 -- Suit in Civil Court for declaration that decree passed by Revenue Court ordering restoration of possession null and void - Decreed simply on the ground that once relationship of landlord and tenant disputed before Assistant Collector, he had no jurisdiction to proceed with the suit - Wholly..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Challenge that consent decree being collusive and fraudulent be declared null and void as same based on plea which was factually wrong - Court in second suit cannot go behind earlier decree (because that decree settles rights of parties) and find out as to whether passed on right or wrong facts - Subsequent Court not entitled..........
