Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Setting aside - There is no law that whenever one of the spouses contacts second marriage, after obtaining a decree of divorce, the decree cannot be set aside...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 153 days in filing application to set aside ex parte decree - Delay deserves to be condoned when wife pleaded that she did not receive notice and when she is residing in another State...........
Constitution of India, 1950, Article 226 -- Writ - Court can reach injustice wherever found - Land Acquisition - De-notification by Minister - Legality of - After following required formalities possession was duly handed over to Govt. - Civil Court decree empowered authorities concerned to resort to possession in accordance with law and, therefore, steps taken for taking..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Courts held that objections are not maintainable - But how objections are not maintainable not mentioned - Held, objections relating to execution of a decree are to be decided by the Executing Court - Although it is not necessary that Executing Court is to frame issues but in case certain objections are..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration - Applicant claiming to be in possession of the suit property - Held, the decree, if any, passed in the suit will be binding against the defendants only and not against the applicant - Plaintiff cannot be forced to implead a party whom he does not want a party in the suit,..........
Civil Procedure Code, 1908, Section 47, 152 -- Execution - Wrong description of area - Decree of specific performance - 0.74 acres or 0.74 decimal (0.74 decimal comes to about 35 square yard) - Land sold for agricultural purposes - 35 square yards is not sufficient even for constructing a house - Wrong description of area was merely inadvertent error of typing - Such error..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party in final decree proceedings - In any suit, in which a final decree is contemplated, suit is deemed to be pending till such final decree is passed - Application allowed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - At the instance of L.R's of sole defendant - Application filed after eight months of decree on ground of lack of knowledge of property or the litigation - Knowledge claimed to have been acquired only one month before - Material on record showing applicants having knowledge about litigation -..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree - Application by wife to set aside - Plea of remarriage by husband - There is no reason for Court to be influenced by the alien factors...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 20 -- Ex parte divorce decree - Setting aside - Service through Munadi - House number not mentioned in the summons - Process Server also does not know the number of any building where the affixation took place - Such type of service by Munadi in a sub-urban area without making a..........
