Civil Procedure Code, 1908, Section 96 -- Insurance claim - Rejection by Insurance Company - Decree passed against appellant - Appeal against - Appellant filed appeal against decree for recovery passed in a suit which came to be filed on account of LIC refusing to pay entire amount on life insurance policies of deceased - Not a case that deceased had taken policies and had..........
Civil Procedure Code, 1908, Section 16, 20, Order 7, Rule 10-A -- Suit for declaration in respect of immovable property - Filed in a Court having no jurisdiction - However, parties led their entire evidence - To avoid unnecessary expenses and delay suit transferred to Court of competent jurisdiction who shall decide the suit on the basis of pleadings, evidence and..........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - Prospective purchaser - Can be saved from risk, hardships and misery only when there is some satisfactory and reliable method by which he can ascertain whether any suit is pending or whether the property is subject to any decree or attachment before he decides to purchase the property - Central Government..........
Civil Procedure Code, 1908, Order 14, Rule 5(2) -- Striking off issue - Power of Court - Held, U.O.14.R.5(2) of CPC, the Court may before passing a decree strike off that issue which appears to be wrongly framed...........
Co-sharers -- A co-sharer can transfer his undivided share but no possession can be handed over to the vendee unless the property is partitioned by metes and bounds amicably or through mutual settlement or by a decree of the Court - Vendee from co-owner shall be entitled for possession through partition only - In case of transfer of possession in favour of vendee then the..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - All the three ingredients pleaded - Decree passed - Sought to be set aside on the ground of fraud and coercion as statement in Court was made under threat as daughter was in illegal confinement of husband - Petitioner had signed the divorce petition and petitioner did not make any complaint during the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Application at the instance of a person who was not party to the suit is not maintainable when there is no plea of fraud...........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence - While allowing additional evidence Court cannot set aside judgment and decree of lower Court - Order to that effect set aside - Case remanded to pass order after hearing both parties...........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Bar to challenge it by a separate suit - Bar applies to the parties to the suit - It is not applicable to a person who is not a party to the suit...........
Specific Relief Act, 1963, Section 20 -- Specific performance - It is discretion of Court to grant relief of specific performance - Court is not bound to grant such relief merely because it is lawful to do so and exercise of discretion to order specific performance require Court to satisfy itself that the circumstances are that it is equitable to grant decree of specific..........
