Hindu Marriage Act, 1955, Section 23(2), Family Courts Act, 1984, Section 9 -- Re-conciliation - It is duty of family Court to make endeavour for reconciliation - However, failure to make such endeavour will not ipso facto vitiate a decree...........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Irretrievable breakdown of marriage - Neither Family Court nor even High Court has power to grant a decree of divorce on the ground of irretrievable break down of marriage - It is only Supreme Court which in exercise of its power under Art.142 of Constitution can dissolve marriage on the ground that marriage has..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff did not have money required for payment of balance sale consideration and also the capacity to arrange payment of such amount - It has to be concluded that he was not ready and willing to perform his obligations - In such circumstances even if it is established that defendant refused to execute the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Sufficient cause for non appearance - Defendant undergoing treatment for breast cancer and she had undergone chemotherapy - Treatment certificate of defendant is on record - No material to show that absence of defendant was either intentional or mala fide - Condition imposed by Court below..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Improper advice of advocate may be a good ground to set aside ex parte decree but it cannot be accepted as a sufficient cause in all cases...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Material date for deciding "sufficient cause" for no, appearance by defendant is the date on which ex parte decree was passed and not his previous negligence or past defaults...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Remedy against an ex parte decree has two options: (i) to file a regular appeal; (ii) to file an appeal for setting aside the order in terms of O.9.R.13 CPC - Both the proceedings are available simultaneously...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sufficient cause - Petitioner pleaded that he could not appear on the date of hearing for the reason that he was trying to settle the dispute outside the Court with respondent - Plea rejected as entire application is silent as to when negotiation commenced and the date on which it failed - It..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of subsequent purchaser - Suit for specific performance - Vendor ex parte in the suit - Subsequent purchasers of suit property can be allowed to come on record, though they failed to explain the reason for filing the application belatedly as their legal rights in suit property would be affected in case decree..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Conduct of appellants grossly negligent - Plea that Advocate had gone to Bihar to attend to his ailing brother who was suffering from cancer - Lack of proper details and supporting evidence - Does not inspire any confidence of Court - Held, there is no illegality, perversity or irrationality..........
