Criminal Procedure Code, 1973, Section 125 -- Maintenance petition - Earlier wife filed suit for injunction against husband seeking to restrain him entering into second marriage and the same dismissed for default - Factum of marriage was an issue - Application u/s.125 Cr.P.C. is held not barred - O.9R.9 CPC has no application...........
Civil Procedure Code, 1908, Order 9, Rule 2 -- Process fee paid late - Suit dismissed in default under Order 9 Rule 2 - Held, one more opportunity should have been given to do the needful...........
Criminal Procedure Code, 1973, Section 125(3) -- Proviso - Arrears of maintenance - Recovery - Application filed within one year of order of maintenance - Application dismissed for default - Second application for recovery of maintenance filed within one year of dismissal for default of first application - Second application also dismissed for default - Third application..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 58, 106, Civil Procedure Code, 1908, Order 9 -- Objection Petition U.O.21.R.58 dismissed for default - Restoration - The express provision contained in Rule 106 of Order 21 excludes the operation of order 9 & S.151 - Aggrieved party whose application under order 21 rule 58 has been dismissed for default or against..........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 58 -- Constructive res judicata - Objection petition under order 21 rule 58 dismissed for default - Not final decision of the Court after hearing the parties - Does not operate as constructive res judicata against the subsequent application filed under order 21 rule 58 on identical grounds...........
Criminal Procedure Code, 1973, Section 125(4), 125(5), Civil Procedure Code, 1908, Section 11 -- Maintenance to wife granted - objections by husband u/s.25(4) and a separate petition u/s.125(5) Cr.P.C. - both the objections dismissed on the ground that an earlier suit filed by husband for dissolution of marriage on ground that wife was living in adultery was dismissed for..........
Civil Procedure Code, 1908, Order 41, Rule 22(4) -- Cross objections - Appeal withdrawn or dismissed for default - Does not render cross objections incompetent - cross objections have to be decided...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2-A, Civil Procedure Code, 1908, Order 9 -- Petition under order 39 rule 2-A dismissed for default - restoration - in absence of a specific provision jurisdiction under section 151 CPC can be exercised...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2-A, Civil Procedure Code, 1908, Order 9 -- Petition under order S9 rule 2 - A dismissed for default - restoration - on the day the dismissal for default order was passed even the opposite side was not present - petition restored...........
Civil Procedure Code, 1908, Order 9, Rule 4, 8 -- Suit dismissed for non appearance of plaintiff - restoration application filed on the very next day - Held, even if the application fails to prove the assertions made in the application the Court should restore the suit on payment of heavy costs especially when the application for restoration was filed on the very next day..........
