Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit - Ex parte decree - Setting aside - Defendant who seeks setting aside of a ex parte decree has to make out special circumstances for same - Apart from sufficient cause, defendant would have to prove he has a good defence on merits...........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit - Ex parte decree - Setting aside - Notice of summons for judgment was served on defendants and not on their advocate as advocate was not available - Immediately after acquiring knowledge of decree being passed instant notice of motion came to be filed - It cannot be said that defendants have acted in negligence..........
Hindu Marriage Act, 1955, Section 28(4), Family Courts Act, 1984, Section 19(1), 19(3) -- Appeal - Period of limitation - Stipulations in Hindu Marriage Act deal with substantive right of parties and substantive right of appeal whereas stipulations in Family Courts Act deal with procedural matters - Substantive provision must get precedence over a procedural provision -..........
Hindu Marriage Act, 1955, Section 26 -- Custody of children - Sought by wife after dismissal as withdrawn, petition for divorce, filed by husband - On the date of filing petition u/s 26 of the Act, proceedings under any of the provisions of the Act was not pending - Dismissal of case as withdrawn is not final adjudication of rights and obligations of the parties amounting..........
Civil Procedure Code, 1908, Section 2(9) -- Judgment - Meaning - Statement given by the Judge of the grounds for a decree or order - Judgment should be self contained document from which it should appear as to what were the facts of case and what was the controversy which was tried to be settled by Court and in what manner...........
Civil Procedure Code, 1908, Order 21, Rule 17 -- Execution of decree - Powers of Executing Court - If terms of decree are ambiguous, executing court can construe decree with aid of judgment and pleadings - Decree has to be enforced and interpreted in such a manner that litigation between parties is shortened - Moreover, real intention of parties is to be gathered from..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree of divorce - Setting aside - Wife sent a letter to Family Court at place `J' expressing that she was unable to travel upto place `J' and to defend proceedings there - She was also making efforts to approach Supreme Court by filing a petition for transfer of case - No finding recorded by Family Court while..........
Civil Procedure Code, 1908, Section 60(1)(ccc) -- Execution - One residential house - Exemption from attachment - Protection u/s 60(1)(ccc) CPC is only available to J.D and to his heirs - Heirs of J.D. cannot take plea of protection after his death and are liable to abide by decree in so far as property of J.D is concerned...........
Hindu Marriage Act, 1955, Section 11 -- Void marriage - Earlier divorce petition filed by husband dismissed as withdrawn - It was not contended in the earlier petition that marriage of petitioner husband with respondent wife was a nullity as her previous marriage was not dissolved - In the absence of reference of the same in previous petition, petitioner cannot now make it..........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Auction sale - Setting aside - Decretal amount deposited in account of decree holder - Serious material illegality in auction as decree already satisfied - Held, decree cannot be executed again - Auction sale set aside...........
