Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plaintiff having no objection in allowing such application - Question of limitation can only be decided in case application is being contested by plaintiff...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of defendant no.2 as appellant no.4 - Suit for specific performance decreed in favour of plaintiff - Other defendants filed appeal against such decree - Defendant no.2 is co-owner of suit property as admitted by plaintiff - Plaintiff himself had arrayed defendant no.2 in suit filed by him - Defendant no.2 is..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Husband filed suit against wife, daughters and son to declare the property purchased in the name of wife is benami - Such plea of benami transaction cannot be taken after Benami Prohibition Act - Husband and wife passed away - Daughters have filed appeal against son - Since daughters got..........
Agreement to sell -- Specific performance - Agreement to sell agricultural land to a non agriculturist in H.P. - Essential condition of agreement was to get requisite permission of State Govt. - Purchaser failed to get requisite permission of State Govt. and he assigned his rights to plaintiff who in turn filed suit for specific performance - Assignment not valid as there..........
Special Marriage Act, 1954, Section 28(2) -- Divorce by mutual consent - Waiver of six months statutory period - Parties have genuinely settled their disputes in mediation - They have consented for a decree of divorce by mutual consent - Since 2016 parties are living separately and cooling period of six months will only prolong their agony - Statutory period of six months..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of judgment and decree during pendency of appeal - Mere filing of appeal would not operate as a stay unless appeal is listed and there is an interim order...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Execution proceedings closed after satisfaction of decree - Objectors sought restoration of execution proceedings for decision of their objections - Objections in the nature of prayers which could be sought in a fresh suit - Order closing execution proceedings, upheld...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence - Once an act of domestic violence was committed then subsequent decree of divorce will not absolve liability of respondent from offence committed or deny benefit to which aggrieved person is entitled...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - No decree can be passed when the agreement entered into in between the parties does not say how the suit is to be decided and what are the terms of compromise - If the suit is to be withdrawn, there shall be stipulation to that effect...........
Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Suit can either be disposed of as withdrawn or a compromise decree can be passed...........