Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Application filed during pendency of appeal filed against exparte judgment and decree - Application not maintainable even when appeal is adjourned sine die - Appeal adjourned sine die not to be construed as finally disposed of for all intents and purposes - An appeal, which is adjourned sine..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Mutual consent should continue till the divorce decree is passed - The other requirements of provision of S.13-B(1) of Hindu Marriage Act are (i) parties are living separately for a period of one year; (ii) parties are not able to live together and (iii) parties have mutually agreed that marriage should..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Mutual consent should continue till the passing of the decree - Decree passed when only one of the parties appeared after expiry of statutory period of six months - Not a case where the settlement between the parties has been given effect to before filing of petition for divorce by mutual consent in other..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32 -- Execution - Decree of permanent injunction - Restoration of possession of suit property to decree holder can be ordered if direction of permanent injunction is violated by J.D. - Executing Court even by invoking S.151 CPC can order delivery of possession to D.H. who is dispossessed in violation of decree of..........
Consent decree -- Registration - Unless there is pre-existing right in the suit property any decree passed on the basis of compromise or consent requires compulsory registration...........
Civil Procedure Code, 1908, Section 153 -- Decree - Non-preparation thereof - Whether a defect in proceedings in suit? - Held, no, preparation of decree by trial court after pronouncing judgment could very well be considered a defect in proceedings in suit which can be cured in terms of S.153 CPC...........
Hindu Marriage Act, 1955, Section 9, 13 -- Wife remaining ex parte - Not a ground to grant a decree of divorce on the ground that she is not desirous to resume conjugal life - Wife remaining ex parte does not absolve husband to discharge the onus for making out a case for divorce...........
Hindu Marriage Act, 1955, Section 13 -- Irretrievable breakdown of marriage - High Court has no jurisdiction to pass decree on that ground - Such order at most could be passed only by the Supreme Court in exercise of jurisdiction under Article 142 of the Constitution of India...........
Haryana Public Premises Act, 1972, Section 10, 15 -- Jurisdiction - Decree passed by civil court - Affirmed in appeal - Objection of jurisdiction not raised before trial court - Held, objection of jurisdiction cannot be raised in second appeal...........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex-parte decree - Remedy with the defendant - Defendant proceeded ex-parte after notice and appearance on his behalf - Defendant absented himself - Defendant has no remedy to file application under Order 9 Rule 13 CPC - Remedy is to file an appeal - It will be for the appellate court to decide whether defendant..........
