Civil Procedure Code, 1908, Order 9, Rule 7, Limitation Act, 1963, Article 123 -- Ex parte proceedings - Setting aside - Limitation - No limitation is prescribed for filing an application for setting aside ex parte proceedings U.O.9.R.7 CPC - Limitation of 30 days applies for setting aside ex parte decree and not to ex parte proceedings...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 46, Contract Act, 1872, Section 128, 141 -- Execution of decree passed against legal heirs of deceased borrower who have inherited his property - Decree passed jointly and severally - D.H. is entitled to recover the decretal amount from any one of the defendants - If there is any dispute inter se the..........
Civil Procedure Code, 1908, Section 47 -- Execution of decree passed against legal heirs of deceased borrower who have inherited his property - There was no personal liability of L.R's - An effort must be made to sell the estate of deceased J.D. inherited by his legal heirs and only thereafter from the private property of the Legal heirs...........
Suit for damages for murder of a person -- An action for civil damages is not prosecution and a decree of damages is not a punishment - The rule of double jeopardy, has no application...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Making unsubstantiated allegations about character of husband and accusing him of having illicit intimacy would itself amount to mental cruelty - Moreover, unfounded allegations made by wife against her husband by itself shows prima facie failure of marriage - Decree of divorce confirmed...........
Agreement to sell -- Specific performance - Part performance - Vendee ready to pay full agreed amount for the reduced share of vendor - Decree of specific performance passed in respect of the reduced share of vendor on payment of entire sale consideration. (Specific Relief Act, 1963, S.12)...........
Civil Procedure Code, 1908, Section 152, 153 -- Correction of decree - Old plot number sought to be replaced by new plot number in executing proceedings - No dispute regarding identity of land - Lack of due care by plaintiff/petitioner - Held, order passed by executing court/trial court allowing amendment is affirmed with modification that application of..........
Transfer of Property act, 1882, Section 52 -- Lis pendens - Transfer made during pendency of litigation, which culminated into a decree by way of compromise - Suit was contested by both parties in which plaintiff had lost before Trial Court as well as First Appellate court and matter was compromised at stage of Regular Second Appeal - Held, only exception with regard to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons served on predecessor in title of defendant - Not sufficient service - Ex parte decree set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside of - Conditional order - Non-compliance of - Application dismissed - Challenge thereto - There is no satisfactory reason on the part of petitioner to justify no, compliance of conditional order - No illegality or material irregularity, leading to miscarriage of justice, on the part of Court..........
