Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellant stage - Dismissal of appeal without deciding application U.O.41.R.27 CPC is not proper - Judgment and decree of first Appellate Court set aside - Matter remitted back to Appellate Court for decision afresh...........
Civil Procedure Code, 1908, Section 47 -- Objection by JD No.3 - Execution - Ex parte decree - JD alleges that decree could not be passed without implementation of O.32.Rr.3, 3-A CPC, as he was minor at the time of passing of decree - However, contents of application nowhere contends that by virtue of decree interests of minor was prejudiced or any harm is caused - Even..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Eviction decree - Petitioners being sons of substituted defendants pleaded that since they never made parties to suit, they had no knowledge regarding decree passed against them, therefore decree passed against them is not executable - However, petitioners already filed petition U.O.21.R.98 CPC and same was..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Decree of divorce is a condition precedent for exercise of jurisdiction u/s 25(1) of the Act...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 43, Rule 1(d) -- Ex parte divorce decree - Setting aside - Second marriage after passing of ex parte decree and expiry of limitation for filing appeal - Ex parte decree set aside in appeal filed against order refusing to condone delay to file application to set aside ex parte decree - Second..........
Hindu Marriage Act, 1955, Section 13B, 28 -- Divorce by mutual consent - Appeal thereagainst on ground of fraud - Decree alleged to be obtained by fraud, has to be challenged in a civil suit and to lead cogent evidence to prove that she had no knowledge of the proceedings which had been initiated at the instance of her husband and even counsel who had appeared on her..........
Hindu Marriage Act, 1955, Section 13B, 28 -- Divorce by mutual consent - Appeal thereagainst - Plea of non compliance of S.13-B of the Act - Court recorded statement of parties - Satisfaction of Court is in built in the order which Court passed that it is a fit case in which decree of divorce can be passed - Contention rejected...........
Agreement to sell -- Suit for specific performance - Ready and willing - Trial Court ordered refund of advance money - First Appellate Court decreed the suit - Primary question as to whether parties were ready and willing till the date of judgment to perform their parts of contract not decided by Appellate Court while decreeing suit - Impugned judgment and decree of..........
Civil Procedure Code, 1908, Order 41, Rule 25 - - Eviction suit - Issue regarding other co-owner/members of Hindu Undivided Family not impleaded as party - Tenant admitted having paid rent to plaintiff - On the contrary, there is a statement recorded of plaintiff as per his rejoinder of being landlord - More so, no other co-owners has come forward to challenge or object..........
Indian Penal Code, 1860, Section 420, 120B -- Cheating - Suppression of first marriage by wife - Petitioner obtained decree of divorce from her former husband - Said fact categorically disclosed to complainant/husband and his family members - Complainant without even whisper about this allegation filed divorce petition and after a period of one year from said divorce..........
