Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Application ordered to be decided at the time of final hearing of appeal - Application not decided - Judgment & decree set aside...........
Hindu Marriage Act, 1955, Section 24 -- Decree of divorce passed - Wife filed appeal'- Maintenance pendente lite and litigation expenses awarded - Non payment - Appeal allowed and petition of husband u/s 13 of the Act dismissed...........
Civil Procedure Code, 1908, Section 115, Arbitration Act, 1940, Section 39, 40, 41, 47 -- Revision against appellate order passed under S.39 - Maintainable - Arbitration Act has put an embargo only on Tiling second appeal from appellate order passed u/s 39 of the Act and not revision - High Court therefore, was right in holding that revision is maintainable...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Wife maltreated by husband as she was unable to satisfy his greed for more dowry as such she was turned out of the matrimonial home - Trial Court also considered that as she apprehends danger to her life and limb, the husband if really intended to rehabilitate her, would have given some sort of..........
Civil Procedure Code, 1908, Section 47 -- Auction sale - 19 properties of J.D. put to auction in the auction notice - 9 properties already sold by the heirs and legal representatives of the J.D. - Court not finding collusion between the purchasers of the said none properties and the heirs and legal representatives of the deceased judgment-debtor - Properties rightly..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3, 4 -- Exparte temporary injunction - Appeal before availing relief U.O.39.R.4 is not maintainable...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Findings of fact - Not open to challenge in the second appeal - Concurrent findings of fact not suffering from any error, infirmity or illegality - No interference is called for...........
Civil Procedure Code, 1908, Order 41, Rule 1 -- Filing of certified copy of the decree/judgment is not absolute - It is discretion of Court to dispense with the filing of the certified copy - Court is entitled to entertain the appeal and pass an appropriate order even without a typed copy of the impugned order...........
Civil Procedure Code, 1908, Section 2(2), 96, 115, Order 41, Rule 5 -- Decision on merits - Amounts to decree - Appeal lies - No appeal can be filed against a decision not given on merits i.e given only on some technical point - Against such decision only revision lies - In the instant case decision given dismissing suit on legal bar created by Consolidation Act - Revision..........
Civil Procedure Code, 1908, Section 144, 151 -- Eviction order - Appeal - During pendency of hearing of stay application D.H. undertaking not to execute decree till hearing of stay application - J.D. dispossessed on same day in execution proceeding - J.D. ordered to be put back in possession by invoking powers under Section 151 CPC - Held, S.144 is not applicable in such..........
