Civil Procedure Code, 1908, Order 9, Rule 12, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Ex parte divorce decree against wife - Wife remained ex parte on basis of report of process server that she refused to receive notice of proceeding - However, judgments of Courts below do not reveal that while sending notice to wife through process of Court simultaneously notice..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Eviction - Decree on basis of admission - Plea of sub letting by defendant No.1 to defendant No.2 - Defendant No.2 filed suit for specific performance against plaintiff and on that basis claiming himself to be the owner - By filing suit for specific performance there is clear cut admission that plaintiff is the owner -..........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 12 -- Production of documents - Eviction petition - Summoning of 9 documents - Except map of rented property, all other documents not relevant for the purpose of deciding the controversy - Order summoning one document, upheld...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Petition by husband for restitution of conjugal rights - Admission by wife in cross examination that she is willing to pass her remaining matrimonial life with husband - Suit decreed on basis of admission by wife...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 12, Rule 6 -- Application U.O.6.R.17 CPC for amendment of pleadings is maintainable when filed at the stage when case was fixed for pronouncement of order on an application filed U.O.12.R.6 CPC - Application U.O.6.R.17 CPC can be filed upto the pronouncement of judgment and even after fling of..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for declaration and permanent injunction - Application U.O.12.R.6 CPC filed after almost 7 years from alleged admission - Even, if it is taken to be as an admission, it cannot be questioned after 7 years - Application filed only after a period of 7 years from alleged admission, is a clear case of..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 12, Rule 6, Family Courts Act, 1984 -- Petition for dissolution of marriage - O.12.R.6 CPC is applicable to proceedings before Family Courts...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission of facts - To be taken into consideration while passing judgment...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Power U.O.12.R.6 CPC is discretionary and cannot be claimed as a matter of right...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for mandatory and permanent injunction - Plaintiff claimed that he is sole owner of suit property - Defence of defendant is that suit property is shared household and she has right to reside in the house - However, trial Court decreed the suit on basis of admission made by defendant in her..........
