Specific Relief Act, 1963, Section 19(b) -- Bona fide purchaser - Suit for declaration of title - Decree for specific performance obtained by plaintiff in earlier suit behind the back of a bona fide purchaser, as transaction had taken place prior to institution of suit for specific performance - Plaintiff had knowledge of transaction with respect to suit land between third..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was incarcerated in jail and could not attend the civil suit proceedings - If it was felt that application for setting aside ex parte decree is filed belatedly, Court could have given an opportunity to defendant to file an application for condonation of delay and costs could have..........
Partition suit -- Plaintiffs were co-sharer of suit land - Land was still joint and it was never partitioned - Concurrent findings of facts on record that there was status of jointness and plaintiffs were entitled to decree of partition - No interference warranted in said findings...........
Madhya Pradesh Accommodation Control Act, 1961, Section 12(1)(c) -- Eviction order - Plaintiff is the owner and landlord of suit premises and defendant without any foundation and bona fide reason disputed his landlordship and ownership - Therefore, decree u/s 12(1)(c) of the Act has been rightly passed by Courts below - Eviction order upheld...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite - Suit for specific performance - Presence of transferee pendente lite is necessary in suit as he will be bound by decree passed therein - Transferee pendente lite is also a proper party, as their presence is also required in the suit for protection of their interest in the event of any..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Defendant filed a civil suit in the year 1999 against mother of plaintiff and elder brother of deceased father of plaintiff - Said suit was decreed in favour of defendants and attained finality - Plaintiffs in subsequent suit are certainly litigating under same title that of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was not residing at the address provided by plaintiff - Report of summons was false - Defendant was not duly served - Ex parte decree rightly set aside...........
Hindu Marriage Act, 1955, Section 11, 5 -- Void marriage - Second marriage during subsistence of first marriage by husband - Second marriage is void, as first wife of husband was living along with husband at the time of second marriage - Second marriage is nullity and dissolved by a decree of nullity...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act,1963 -- Ex parte decree - Setting aside - Condonation of delay - Defendants contended that their local Advocate died and therefore they could not get any communication from advocate - Moreover, defendants though filed their written statement, but did not participate in the proceedings - No reason found to..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Waiver of mandatory period of one year - Parties have already resolved their disputes - Both the parties have already received all the articles given by them at the time of marriage - None of them will claim anything with regard to past or future maintenance - Since the parties have already resolved their..........
