Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 467 days in filing application for setting aside ex parte decree - Application for condonation of delay cannot be allowed once trial Court found that delay has not been properly explained and even there are no merits in application for condonation of delay - Order of trial Court condoning delay rightly set..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Objection by stranger - Petitioner staked his claim on the basis of agreement for sale from owner of land - However, said owner did not have power to enter into agreement for sale - Petitioner is in occupation of a part of decretal land - He has made a false claim of right on basis of agreement for..........
Rent and Eviction -- Eviction order - J.D. did not permit to execute the decree by filing proceedings one after the other - D.H. not permitted to enjoy the fruit of decree even after a period of 33 years of passing of the decree - SLP dismissed with costs of Rs.25,000/- - Executing Court directed to decide and dispose of execution proceedings within a period of six months...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 10 -- Divorce or judicial separation - Parties lived together only for 3 years and have been living separately for more than 12 years now - Period of separation has left the relationship between parties beyond repair - Adamance of wife to refuse to cohabitate with husband over last 12 years shows that there is nothing remaining..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree against wife - Setting aside - Wife received the summons of divorce proceedings and also filed reply under her own thumb impressions - She consciously signed agreement for divorce by mutual consent whereafter notices of divorce were served upon wife - Wife cannot now be permitted to change her stance..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact recorded by Courts below that plaintiff failed to show his ownership and possession over plot in question - Finding of fact is based on proper appreciation of evidence on record - Plaintiff rightly not entitled to decree for permanent injunction - Second..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion by wife - Wife not pleaded and established any reasonable cause for remaining away from her matrimonial home - Factum of separation has been proved - Marriage between parties dissolved by a decree of divorce...........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties are living separately for the last 10 years - Compromise arrived at between parties and they have decided to take divorce by mutual consent - Marriage between parties is irrevocably broken down - There is no possibility of reconciliation between them - Mandate of statutory period of 6 months as..........
Civil Procedure Code, 1908, Section 152, 153 -- Correction/amendment of decree - Court may, at any time, amend any defect or error in any proceedings in a suit - S.153 CPC is not only confined to judgments, decrees or orders passed, it also enables Court to permit amendment of any defect or error in any pleadings in a suit - Such amendment is required to be allowed to..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3A -- Rejection of plaint - Compromise/consent decree - Suit to set aside - At the stage of deciding application for rejection of plaint, Court is to see as to whether suit is maintainable in view of O.23.R.3-A CPC and not to consider suit on merits and validity of compromise decree...........
