Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of partition suit - Dismissed in default after passing of preliminary decree - Suit dismissed due to non-appearance of counsel for plaintiff though suit proceedings were being regularly adjourned for last nine years awaiting orders from High Court - Merely non-appearance of plaintiff or his counsel on one occasion..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Wife did not join husband nor did she comply with ex parte decree of restitution of conjugal rights passed in favour of husband - Un-impeached, un-controverted and unchallenged pleadings and evidence of husband constitute sufficient grounds to grant decree for divorce - Divorce..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Decree against a dead person without impleading his LRs - Decree is a nullity and cannot be executed...........
Civil Procedure Code, 1908, Section 50 -- Execution - JD died subsequent to passing of decree and surety is on record and there is liability on the part of surety to pay the amount, it cannot be said that decree is a nullity and cannot be executed...........
Hindu Marriage Act, 1955, Section 13, 10 -- Divorce petition - Alternative relief of judicial separation - When no grounds were made u/s 13 of Hindu Marriage Act to grant a decree for divorce, decree for judicial separation cannot be granted as an alternate relief...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - It is the knowledge of date of hearing and not the knowledge of pendency of suit, which is relevant for the purpose of considering an application U.O.9.R.13 CPC to set aside an ex parte decree...........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution - Eviction decree - Stay was granted subject to condition of payment of rent/damages - However, trial Court did not grant any damages/rent in decree - Trial Court has only ordered that plaintiff is entitled to claim damages if possession of property is not delivered pursuant to said decree by way of filing a..........
Agreement to sell -- Specific performance - Refund of advance amount - Suit filed by plaintiff was barred by limitation - Plaintiffs are not entitled to a decree for refund of Rs.1 lakh with interest - However, since plaintiff had spent money in obtaining approval of layout plans and defendant had sold most of suit property and plaintiff have deposited Rs.31,45,000 in..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Parties have been living separately for a decade or half - Marriage does not survive any longer and relationship was terminated otherwise except by a formal decree of divorce - Allegations made against each other are serious - Both the parties moved away and settled in their respective lives - Divorce granted...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte divorce decree - Setting aside - Endorsement of refusal - Amin or postal authorities not examined to prove that wife had refused to receive notice - Wife stated that she came to know about the proceedings only through reply can be reasonably considered in her favour - Even,..........
