Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Petition by husband - Parties are living separately for last 25 years - Wife categorically stated that she had no intention to reside with husband - Reasons stated by wife for living separately not substantiated by wife - Since wife has turned down offer made by husband for restitution of conjugal rights..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Mortgage decree - Claim petition is not maintainable U.O.21.R.58 CPC once mortgage decree is passed against mortgaged property...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Suit property was mortgaged with Bank - However, Bank is not necessary party in a suit for possession by way of specific performance, particularly when decree for recovery of amount was passed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Amounts to decree - Appeal lies thereagainst - Writ petition is liable to be rejected...........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 9 months in filing appeal - No plausible explanation has been given for delay worth acceptance except for bald statement that petitioner did not know about passing of judgment and decree against which appeal is sought - Application for condonation of delay dismissed...........
Civil Procedure Code, 1908, Section 115 -- Revision - Dismissal of application for condonation of delay in seeking setting aside ex parte decree - High Court cannot set aside ex parte decree itself by invoking power u/art 227 of Constitution, as powers of High Court u/art 227 of Constitution are in addition to and wider than powers u/s 115 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay of 1012 days - Condonation of delay - Reasons assigned by defendant for condoning delay are in usual and causal terms - There is no proper and satisfactory explanation offered by defendant for each and every day of delay - Delay in filing application for..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was proceeded ex parte on the basis of notice sent through registered cover and report of postman regarding refusal - Postman not examined in evidence - Plaintiff knew that Director of defendant Company works in Hospital - Even, no effort was made to serve defendant on that address..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Trial Court disposed of suit on merits and not on preliminary issue - In appeal, first appellate Court set aside judgment and decree of trial Court and directed trial Court to decide suit afresh - Order of remand passed by first appellate Court is in exercise of its powers U.O.41.R.23-A CPC and not U.O.41.R.23 or..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - When defendant supports the decree, he need not to file any cross-objection regarding a particular issue held, against him, because when decree is in his favour, he may during course of arguments agitate that finding against him in Court below in respect of any issue which ought to have been in his favour...........
