Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree of divorce - Setting aside - Wife sent a letter to Family Court at place `J' expressing that she was unable to travel upto place `J' and to defend proceedings there - She was also making efforts to approach Supreme Court by filing a petition for transfer of case - No finding recorded by Family Court while..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 4 -- LR's - Right to file written statement - L.R's of deceased defendant who was proceeded ex parte have no right to file written statement when impleadment was only as legal representative and impleadment was not in their personal capacity...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex-parte order - Setting aside - Summons duly served - Defendant was mislead by his brother that he has engaged counsel and was made to sign several blank papers and was assured that he need not attend Courts - Plea of mislead for over 14 years does not appear to have any substance and application having been filed at the..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Wife alleges that during her stay with husband she was being treated with cruelty for no, fulfillment of dowry demands - Said fact is corroborated by brother of wife, who though 11 years of age at the time of marriage but was not ignorant of the fact that how his parents satisfying the demands raised by..........
Civil Procedure Code, 1908, Section 148A, Order 39, Rule 1, 2 -- Caveat - Ex parte ad interim injunction order - Caveat lodged by defendants was overlooked while passing ex parte ad interim injunction order - Ex parte ad interim injunction order is liable to be set aside with direction to Trial Court that application filed by plaintiff for grant of interim injunction shall..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Mental cruelty - Wife unsuccessfully lodged criminal prosecution against husband and having failed therein turned around and harassed him and his family members by way of protracted matrimonial litigation in the form of Ss.13-B & 13 of Hindu Marriage Act - During the intervening stage of these proceedings she was..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Defendant alleges that he was never served in suit and he never refused to receive summons - However, process server has recorded in his report that he had seen defendant concealing himself in his house and he refused to take summons or evaded service - Said report is duly witnessed by..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Ailment of defendant - Medical certificate in support thereof - Medical certificate alleged to be forged document - Defendant had been regularly appearing in criminal proceedings which were simultaneously going on during disputed point..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 1, Rule 8 -- Ex parte decree - Setting aside - A person who is not eo-nominee a party to a representative suit but who would be bound by decree, can maintain an application U.O.9.R.13 CPC to set aside ex parte decree...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - There is no necessity for defendant to file an application for condonation delay while seeking relief of setting aside ex-parte decree passed against him, when there is no evidence to show that summons were served upon him and when he..........
