Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Effect of - Court wrongly proceeded ex parte against defendant, as she was not served - Ex parte decree when set aside, would cease to exist and become no, est and it is no decree in the eyes of law - Decree passed by trial Court afresh on merits should be treated as decree of first Court...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Effect of - Parties are restored to the position existing prior to the date the order proceeding against defendant ex parte was passed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Punjab Pre-emption Act, 1913, Section 15 -- Ex parte decree - Setting aside - Suit for possession on the basis of right of pre-emption granted to a co-sharer - Plaintiff's right of pre-emption stood extinguished by virtue of amendment to the Act, at the date when fresh decree by Court of first instance after setting aside ex..........
Civil Procedure Code, 1908, Section 9, Uttar Pradesh Consolidation of Holdings Act, 1953, Section 49 -- Consolidation proceedings - Jurisdiction of civil Court - Suit for declaration - Maintainability - Is not maintainable as S.49 of the Act bars jurisdiction of civil Court to adjudicate upon dispute of rights and title relating to land included in consolidation..........
Civil Procedure Code, 1908, Section 9, Family Courts Act, 1984, Section 7, 8 -- Jurisdiction of civil Court - Suit for declaration that defendant is not legally married wife of plaintiff - Civil suit for declaration is maintainable - Suit for declaration as to legal character which includes the matrimonial status of parties to a marriage when it comes to a marriage which..........
Civil Procedure Code, 1908, Order 1, Rule 9, Succession Act, 1925, Section 63 -- Non-joinder of necessary party - Will - Petitioner claiming their entitlement only on basis of Wills and petitioner were justified in impleading only those legal heirs who were contesting Wills or were setting up a counter Will and excluding other legal heirs, if any, who were not disputing..........
Civil Procedure Code, 1908, Order 22, Rule 9(1) -- Death of plaintiff - Non-substitution of LRs - Abatement of suit - Application for substitution filed after lapse of 5 years - Said application was dismissed - However, liberty was given to LRs to file suit afresh - By the time application for substitution filed, suit abated - Fresh suit on same cause of action barred..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Challenge to adoption deed by natural guardians - Relief of custody of child prayed by natural guardian is a consequential relief to declaration sought by them to declare deed of adoption as null and void - It is civil Court and not Family Court under Family Court Act, 1984, which has jurisdiction...........
Guardians and Wards Act, 1890, Section 9, 25, Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Territorial jurisdiction - Custody of minor - Child ordinarily residing with mother at Chandigarh when he was removed by father to Kalka - Therefore, Chandigarh Court has jurisdiction - Even otherwise, Chandigarh and Panchkula are adjoining cities - There is..........
Family Courts Act, 1984, Section 9, Hindu Marriage Act, 1955, Section 22, 23(2), 23(3), Civil Procedure Code, 1908, Order 32A, Rule 2, 3, 4 -- Conciliation, reconciliation, mediation - Meaning and distinction - Reconciliation is not mediation - Neither it is conciliation - No doubt, there is conciliation in reconciliation - But concepts are totally different - Similarly,..........
