Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant proceeded ex parte - Preponing the date - When defendant had appeared in the suit, act of preponing the date without notice to them or their Advocate was completely illegal and contrary to elementary principles of natural justice...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit was decreed ex parte without giving proper opportunity to defendants to defend themselves - Conduct of suit proceedings and the manner in which ex parte decree was passed is illegal - Ex parte decree set aside with directions...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Not filed within time - Pronouncement of judgment - Suit was lying dismissed in default for 4-1/2 years - Defendant cannot be blamed for this period of delay in disposal of suit - Moreover, defendant already filed written statement and same cannot be ignored - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While exercising power U.O.7.R.11 CPC, Court has to see whether plaintiff establishes a cause of action and whether from the averments by itself would invite a decree - It is not necessary for Court to consider overall defect of case of plaintiff as well as defendant for arriving at conclusion as to..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Court should have indicated its reasons for holding that plaint is also liable to be rejected U.O.7.R.11(d) CPC...........
Civil Procedure Code, 1908, Section 11, Hindu Marriage Act, 1955, Section 25 -- Res judicata - Doctrine of res judicata is not applicable on reliefs of permanent alimony and stridhan as such reliefs can be claimed by way of an application at any subsequent stage as well and any Court having jurisdiction under the Act can grant the same...........
Civil Procedure Code, 1908, Section 11, Hindu Marriage Act, 1955, Section 13 -- Res judicata - Divorce - Once the divorce decree is granted by one Court, then the same relief cannot be claimed by other party before any other Court against same party, as same is barred by principle of res judicata u/s 11 CPC...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Enquiry as to - Court on an enquiry found that respondent was accurately answering all the question and she did not exhibit any condition that would even whisperingly call question to her a mental capacity to defend herself, there is no reason to refer her to Medical Board...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At the time of adjudicating application filed U.O.7.R.11 CPC, it is the plaint that has to be considered - Written statement or the stand taken by defendants cannot be looked into while deciding the issue with respect to rejection of plaint...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Issue of res judicata is a mixed question of law and fact and same can be adjudicated only after considering evidence brought on record by parties - Application U.O.7.R.11 CPC rightly rejected...........
