Civil Procedure Code, 1908, Order 39, Rule 2A -- Ad-interim injunction - Disobedience - Mere pendency of application to set aside ex parte order at pre registration stage is not a ground to set aside interim order and parties cannot be allowed to take advantage to disobey the interim order of Court/Tribunal...........
Civil Procedure Code, 1908, Order 32, Rule 3, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Petition filed by wife by pleading that husband become insane after marriage - Ex parte divorce decree passed without appointment of guardian of insane person - Ex parte divorce decree set aside having been passed against a person of unsound mind without following due..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that ex parte decree obtained by defendant against father of plaintiffs was illegal, null and void and not binding upon plaintiffs - No evidence on record that decree in question was obtained by playing fraud upon Court - Neither father of plaintiffs nor plaintiffs filed any application for..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Ex parte decree - Setting aside - Petitioner has knowledge of proceedings of suit and decree from the very inception, as the petitioner's son contested the suit and both of them contested the other suit jointly through same Advocate - Moreover, delay is not so small but..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Expartee decree - Decree holder has recorded concession for setting aside ex parte decree - In meantime decree holder sold land - Purchaser applied for being impleaded as party in application for setting aside exparte decree - Allowed by trial Court -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aide - Suit for declaration - Summons not personally served upon defendant, as plaintiff himself signed as witness of service of summons and no independent witness signed on summons - Contention of plaintiff that defendant engaged two counsels which proves the knowledge of decree on the part of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Ex parte order - Setting aside - Service of summons at the address where parties last resided - However, parents of husband informed process server that husband had shifted to place at `C' and also gave the address of husband - Court also issued summons at the address at place `C' - After repeated summons sent to..........
Limitation Act, 1963, Section 5 -- Delay - Condonation - Day to day delay not explained - Appeal against ex parte decree - Plea that defendant came to know about passing of the decree from plaintiff and said plea not controverted - When substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for declaration and permanent injunction against 102 defendants - Admittedly there is no addresses of defendants separately furnished and no summons to any registered address of defendants issued or obtained - There was not even any service of notice - Summons of all the defendants were..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Setting aside ex-parte decree - Condonation of delay of 102 days in filing application - Court dismissed application filed u/s 5 of 1963, Act and ordered delivery of property on the very same day without granting time to petitioner to move to higher Forum - Prima facie, when termination of..........
