Civil Procedure Code, 1908, Order 1, Rule 9, 13 -- Non joinder or misjoinder of parties - Objection to be taken at the earliest possible opportunity and in all cases where the issues are settled at or before such settlement unless the ground of objection subsequently arises and such objection if not taken shall be deemed to have been waived...........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Wife being permanent govt. employee living at a place other than the place where husband is living - It does not amount to neglect of her matrimonial obligations - Withdrawal of wife from the society of husband cannot be said to be intentional - Husband cannot be said to be a wronged party - Decree of..........
Civil Procedure Code, 1908, Order 18, Rule 5, 6, 7, 8, 9, 10, 11, 12, 13, Civil Procedure Code, 1908, Order 50, Madhya Pradesh Accommodation Control Act, 1961, Section 23C -- Rent and eviction - Proceedings before RCA under Ch.III-A of the Act are summary in nature where application of CPC is limited to extend provided u/s.23C of the Act - Procedure to be adopted is akin..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Petition by husband - No evidence led by husband that a decree of conjugal rights could be passed in his favour yet trial Court proceeded to grant a decree for restitution of conjugal rights - Even issues were not framed, which assumes significance especially when wife had not even admitted claim of..........
Hindu Marriage Act, 1955, Section 9 -- Restitution of conjugal rights - Application by husband - Wife clearly stated that she does not wish to live with husband under any circumstances - Evidence on record proves that wife has withdrawn from society of husband without any just or reasonable excuse - Once it stands established that allegations of wife qua domestic violence..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Once Court comes to conclusion that service was incomplete and needed to be complete, then it was not open for Court to suddenly shift its stand by treating earlier service as complete - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Procedure as envisaged under High Court Rules and Orders was not followed - Impugned order ordering party to proceeded against ex parte was taken in undue haste - Service by affixation as provided in O.5.R.17 CPC was not followed in the case - Matter remitted back to Court below for..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 175 days - Delay not properly explained except throwing blame on Advocate for which there is no supporting material or affidavit - Having entered appearance through counsel, there is no reason for defendant to plead that failure on part..........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 5, Rule 15 -- Ex parte order - Setting aside - Service of summons - Application for setting aside ex parte order was filed by defendant after lapse of more than 9 years - Mother of defendant was served in 2005 which was admitted by defendant - Mother of defendant had no interest in the suit..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 9(2), 18, Indian Penal Code, 1860, Section 307 -- Juvenile - Attempt to murder - Accused was minor on the date of incident in question as per report of District and Sessions Judge - However, since the offence was committed in 2004, it is not appropriate to send petitioner to be dealt with by Board - Ends..........
