Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Sought after 13 years of passing of the ex parte decree on the ground of fraud and collusion - If a party complaining fraud is in a position to discover the fraud and having discovered the fraud does not take action for long, in the present case for 13 years, then plea of fraud looses its..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Defendant proceeded exparte on 27.5.2000 whereas he died on 14.11.1999 - Decree against a dead person is a nullity - Neither any notice nor any information was ever sent to the wife and L.R's of deceased defendant - Widow an illiterate Pardanashin lady cannot be supposed to have any knowledge..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - A decree can be made in terms of compromise only in so far as it relates to the parties to the suit - When either plaintiff-appellant or defendant-respondents were not parties to compromise, it cannot be said that there was compromise between the parties to the suit or appeal...........
Civil Procedure Code, 1908, Order 21, Rule 57 -- Attachment - Ceases only when execution application is dismissed unless Court indicates that attachment shall continue - Execution petition when adjourned sine die or closed on account of any moratorium or stay of execution under a statute, or by an order of stay by any Court, or where execution application is closed without..........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 32 -- Decree - Violation or disobedience of the decree - Violator can be penalized under the provisions of Contempt of Courts Act and not under the provisions of S.51 & O.21.R.32 CPC - Provisions of S.51 & O.21.R.32 CPC are the provisions to enforce the decree and not to penalize the violator...........
Civil Procedure Code, 1908, Order 21, Rule 64 -- Execution - Sale - In absence of a finding that sale of entire property is inevitable executing Court has only jurisdiction to sell that much of the property which would satisfy the decree...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte order in second appeal - Validity - Ex parte order passed in second appeal without granting any opportunity to the present petitioner-respondent for defending the points of law formulated by Hon'ble Court - Held, while passing the impugned judgment and decree, proper procedure was not followed - Impugned judgment and..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Granted by Panchayat as per custom in the locality and the community to which parties belong - Not a ground to grant decree of divorce u/s 13 of the Act - Filing of divorce petition itself shows that none of the parties was of the view that divorce granted by Panchayat was legal - Dismissal of divorce petition, upheld...........
Hindu Marriage Act, 1955, Section 13(1)(ia), (ib) -- Divorce petition by husband on ground of cruelty and desertion - Allegations of cruelty as to refusal to assist in household chores, refusal to contribute to household expenses, demand of separate residence and neglecting son - Allegations either trivial or insufficiently established - There are allegations and counter..........
M.P.Accommodation Control Act, 1961, Section 12(1)(k), Civil Procedure Code, 1908, Section 148, 151 -- Suit for eviction of tenant - Court imposed damages of Rs.10, 000/- on tenant directing him to deposit in court within four months failing which decree of eviction to be executed - Tenant misunderstood order - Instead of making deposit in court tenant sent bank draft of..........
