Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons were not duly served and defendant knew about the decree when patwari informed him about decree - Application U.O.9.R.13 CPC was filed within 6 days of said date and therefore, application is within limitation - Same was not required to be accompanied by application u/s 5 of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Plea of nullity of marriage - Re-marriage performed during pendency of appeal filed against decree of divorce - However, in the instant case re-marriage is not nullity as appeal from decree of divorce was filed after expiry of limitation to file appeal - Marriage contracted during pendency of an appeal from a..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte divorce decree - Setting aside - Condonation of delay - Notice sent by registered post and no notice was issued to be served personally - Action of Family Court in dispensing with personal service impliedly without passing any order justifying it, cannot be countenanced..........
Partition suit -- Will - Right of daughters - Testator bequeathed property absolutely to his wife and expressly vested in her power of sale and distribution of sale proceeds equally between four sons and four daughters and herself - However, on demise of testator his wife became absolute owner of property and property after her demise would not be governed by Will of..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Parties living separately after three months of marriage - There was no cohabitation - No attempt was made by wife to rejoin husband - Wife admitted that husband did ask for cohabitation, which she refused - Husband entitled to decree of divorce...........
Hindu Marriage Act, 1955, Section 13(v) -- Divorce - Venereal disease - HIV - Petition by husband - Concealment of fact by wife regarding her being HIV positive from husband - Husband is entitled to decree of divorce - Divorce granted...........
Agreement to sell -- Specific performance - Plaintiff failed to establish that he is possessing sufficient money to settle amounts in favour of defendant and bank statement of plaintiff shows that he was possessing only Rs.800 in his account - Relief of specific performance not granted to plaintiff - However, there is no prayer for alternate relief in suit, but Court..........
Agreement to sell -- Specific performance - Alternative relief of refund of advance amount - Market price of suit property far higher than sale consideration fixed in between parties - Court cannot direct a party to execute sale deed, if sale consideration is inequitable - Relief of specific performance set aside - Defendant directed to refund advance amount to plaintiff..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was duly served as he himself signed copy of summon - Period of limitation therefore, would commence from date of decree and not from date of knowledge - Application U.O.9.R.13 CPC was filed beyond the period of limitation and no application for condonation of delay of 6 years was..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons effected upon defendant through her son who is minor - Not a proper service - Subsequent service through Munadi not improper - However, defendant not appeared before Court due to her preoccupation with treatment of her husband - It would not be unjustified if defendant is..........
